Compare and contrast disparate treatment and disparate impact Essay

Compare and contrast disparate treatment and disparate impact - establish ExampleIn all disparate treatment cases, whether the replication is the truth or falsity of the employers antecedent 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 custom decision. (Drachsler, 2005, p.230) The Civil Rights Act of 1991, further extended these provisions and fused 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 unwrap in subtle and indirect ways. Judge Magnuson elaborated on 1991 amendments thus Absent from the statute is the urgency that discri mination be a substantial factor, a but-for factor, or the necessary and sufficient cause of the transaction decision. Instead, Congress unambiguously required that discrimination be a motivating factor in the employment decision.