Compare and contrast disparate treatment and disparate impact Essay

Compare and contrast disparate discussion and disparate impact - Essay ExampleIn all disparate treatment cases, whether the have sex is the truth or falsity of the employers reason for its action, or the co-existence of legitimate and illegitimate motives, whether the plaintiff puts on direct or circumstantial evidence, or both, the issue at the liability stage is simply whether the plaintiff has shown, by a preponderance of the evidence, that discrimination was a motivating factor in the study decision. (Drachsler, 2005, p.230) The courtly Rights Act of 1991, further extended these provisions and consolidated the list of prohibitions. But the application of Disparate Treatment theory to any given case is neer straight-forward, for management decisions are based upon so many factors, with prejudice and discrimination (if any) often playing out in subtle and indirect ways. Judge Magnuson clarify on 1991 amendments thus Absent from the statute is the requirement that discriminati on be a substantial factor, a but-for factor, or the necessary and sufficient cause of the employment decision. Instead, Congress unambiguously required that discrimination be a motivating factor in the employment decision.