2000Equal Opportunities InternationalRequires access

What are the differences between disparate treatment and disparate impact?

Piya Kojornkiatpanich, Brian H. Kleiner

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Abstract

Defines the two concepts before discussing disparate impact theory which is not cognisable under the US Age Discrimination in Employment Act (ADEA) through the use of case law. Lists the protected categories which are covered by disparate treatment and disparate impact law and cites the reasons under which a complaint can be made. Provides a suggested structure for addressing such claims within the company.

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What this paper is about

Defines the two concepts before discussing disparate impact theory which is not cognisable under the US Age Discrimination in Employment Act (ADEA) through the use of case law. Lists the protected categories which are covered by disparate treatment and disparate impact law and cites the reasons under which a complaint can be made. Provides a suggested structure for addressing such claims within the company.

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Available abstract

Defines the two concepts before discussing disparate impact theory which is not cognisable under the US Age Discrimination in Employment Act (ADEA) through the use of case law. Lists the protected categories which are covered by disparate treatment and disparate impact law and cites the reasons under which a complaint can be made. Provides a suggested structure for addressing such claims within the company.

Key concepts: Disparate impact, Disparate treatment, CITES, Disparate system, Complaint, Age discrimination, Political science, Law

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