What characterizes "disparate treatment" in compensation cases?

What characterizes "disparate treatment" in compensation cases?

• A. An employee is paid equally to others
• B. An employee is intentionally paid less due to their protected class status
• C. An employer reduces pay rates for all employees
• D. Pay differences due to employee performance

Answer: (B)

Disparate treatment in compensation cases is characterized by intentional actions that result in unequal pay based on an individual's protected class status, such as race, gender, age, or disability. This means that if an employer is consciously compensating an employee at a lower rate specifically because of their belonging to a certain protected class, this constitutes disparate treatment. The intentional nature of this discrimination is crucial; it highlights that the employer's actions are not based on legitimate performance criteria or business needs but rather on prejudiced motives. The other choices provided do not reflect the definition of disparate treatment. Equal pay to others signifies fairness and nondiscrimination, while reducing pay rates for all employees does not target anyone based on protected characteristics, eliminating the discriminatory intent required for disparate treatment. Likewise, pay differences due to employee performance are also justifiable and legal, as they relate to individual merit rather than discriminatory factors. Thus, the essence of disparate treatment lies in the deliberate inequity based on a person's protected status, making the answer regarding intentional pay disparities the correct identification of this concept.

Disparate treatment in compensation cases is characterized by intentional actions that result in unequal pay based on an individual's protected class status, such as race, gender, age, or disability. This means that if an employer is consciously compensating an employee at a lower rate specifically because of their belonging to a certain protected class, this constitutes disparate treatment. The intentional nature of this discrimination is crucial; it highlights that the employer's actions are not based on legitimate performance criteria or business needs but rather on prejudiced motives.

The other choices provided do not reflect the definition of disparate treatment. Equal pay to others signifies fairness and nondiscrimination, while reducing pay rates for all employees does not target anyone based on protected characteristics, eliminating the discriminatory intent required for disparate treatment. Likewise, pay differences due to employee performance are also justifiable and legal, as they relate to individual merit rather than discriminatory factors. Thus, the essence of disparate treatment lies in the deliberate inequity based on a person's protected status, making the answer regarding intentional pay disparities the correct identification of this concept.