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What are Disparate Behaviors?

Published in Workplace Discrimination 4 mins read

Disparate behaviors refer to actions or practices that result in unequal treatment of individuals, particularly when such treatment is based on characteristics like race, sex, or other protected attributes. In the United States, this concept is most clearly defined in the context of employment and civil rights, where it signifies unequal behavior toward someone because of a protected characteristic under the framework of Title VII of the United States Civil Rights Act.

Understanding Disparate Behaviors as Disparate Treatment

The term "disparate behaviors" is commonly used interchangeably with or to describe the actions that constitute disparate treatment in a legal context. Disparate treatment occurs when an employer or entity treats an individual differently, or less favorably, than others because of their membership in a protected class. This form of discrimination is characterized by intentionality, meaning the unequal treatment is a deliberate act, even if the perpetrator does not explicitly state discriminatory intent.

Key Characteristics of Disparate Treatment

  • Intentional Discrimination: The core element is that the unequal treatment is purposeful, even if not explicitly stated. It involves a conscious decision to treat someone differently based on a protected trait.
  • Focus on Individuals: Disparate treatment typically examines how a specific individual or group was treated differently compared to others in similar situations.
  • Protected Characteristics: The discrimination is based on specific attributes legally protected against discrimination.

Protected Characteristics Under Title VII

Under Title VII of the Civil Rights Act of 1964, it is unlawful to discriminate against an individual based on:

  • Race
  • Color
  • Religion
  • Sex (including pregnancy, childbirth, or related medical conditions; sexual orientation; and gender identity)
  • National Origin

Other federal laws protect against discrimination based on age (Age Discrimination in Employment Act) and disability (Americans with Disabilities Act).

Examples of Disparate Behaviors in Practice

Disparate behaviors can manifest in various aspects of employment and public life. Here are common examples within a workplace setting:

  • Hiring: A hiring manager consistently interviewing and selecting male candidates over equally or more qualified female candidates for certain roles.
  • Promotions: An employee being denied a promotion or opportunity for advancement that is readily given to colleagues of a different race or national origin, despite similar qualifications and performance.
  • Pay and Benefits: Paying an employee less than another employee performing the same job with similar experience, solely based on their sex or age.
  • Job Assignments: Assigning less desirable tasks or fewer opportunities for skill development to an employee due to their religious beliefs.
  • Disciplinary Actions: Administering harsher disciplinary measures to an employee of one protected group for an infraction that a member of a different group committed but received a lighter penalty for.
  • Termination: Firing an employee based on their disability when reasonable accommodations could have been provided.

Distinguishing Disparate Behavior: Treatment vs. Impact

While "disparate behaviors" primarily align with disparate treatment, it's crucial to understand its counterpart, disparate impact, to fully grasp how unequal outcomes can arise.

Feature Disparate Treatment (Behaviors) Disparate Impact (Policy Effects)
Intent Intentional discrimination is present Unintentional, but discriminatory outcome
Focus Deliberate actions targeting individuals Policies or practices that appear neutral
Proof Direct or circumstantial evidence of bias Statistical evidence showing disproportionate harm to a protected group
Mechanism Unequal application of rules/standards Rules/standards applied equally, but create unequal outcomes

Disparate impact refers to a policy or practice that, while seemingly neutral, has a disproportionately negative effect on members of a protected class. For instance, a height requirement for a job that is not job-related might disproportionately exclude women or certain ethnic groups.

Addressing and Preventing Disparate Behaviors

Organizations and individuals play a critical role in preventing and addressing disparate behaviors. Key strategies include:

  • Clear Non-Discrimination Policies: Establishing and widely communicating policies that explicitly prohibit discrimination and disparate treatment based on all protected characteristics.
  • Regular Training: Providing mandatory training to all employees, especially managers and HR personnel, on anti-discrimination laws, unconscious bias, and fostering an inclusive workplace.
  • Transparent Processes: Implementing standardized and objective processes for hiring, promotions, performance evaluations, and disciplinary actions to minimize subjective bias.
  • Effective Reporting Mechanisms: Creating safe and accessible channels for employees to report concerns about disparate behaviors without fear of retaliation.
  • Prompt Investigations: Thoroughly and impartially investigating all allegations of discrimination and taking appropriate corrective action.
  • Fostering an Inclusive Culture: Promoting diversity, equity, and inclusion initiatives that celebrate differences and ensure all employees feel valued and respected.

Understanding and actively working to eliminate disparate behaviors is essential for creating fair, equitable, and legally compliant environments in all sectors of society.