The difference in treatment or impact to an individual or group based on a protected class is known by two key terms in discrimination law:
- Disparate Treatment : This refers to intentional discrimination where an individual or group is treated differently because of their membership in a protected class, such as race, gender, age, or disability. It involves deliberate actions by an employer or entity to treat someone less favorably than others similarly situated due to their protected characteristic. Proving disparate treatment requires showing discriminatory intent.
- Disparate Impact : This refers to policies or practices that appear neutral on the surface but have a disproportionate negative effect on members of a protected class. Unlike disparate treatment, it is often unintentional and does not require proof of intent. Instead, it focuses on the effect of the policy or practice, and the burden may shift to the employer to justify that the policy is job-related and a business necessity.
In summary, the general term for difference in treatment or impact based on a protected class is discrimination, but more specifically, if intentional, it is called "disparate treatment," and if unintentional but disproportionately negative, it is called "disparate impact." Given your query, the answer most aligned is "disparate treatment" (for intentional difference in treatment) or "disparate impact" (for difference in impact or effect regardless of intent) depending on the context. If you meant the broader conceptual term, the phrase used is "discrimination based on a protected class." The clearest single term for "difference in treatment or impact" is often referred to as "disparate treatment" when intentional, and "disparate impact" when unintentional.
