Which statement best defines disparate treatment?

• A. Treats everyone the same
• B. Treats differently based on protected characteristics
• C. Relies on random sampling
• D. Always uses demographic data in decisions

Answer: (B)

Disparate treatment means deliberately giving someone a different outcome or standard because of a protected characteristic such as race, gender, age, religion, or disability. It captures intentional discrimination in decision-making, where the trait itself—not merit or qualifications—drives the decision. For example, hiring or promoting someone less qualified solely because of their protected characteristic is disparate treatment. Treating everyone the same describes nondiscrimination in process, but it doesn’t define the discriminatory impact of choosing one group over another. Random sampling or using demographic data in decisions aren’t, by themselves, the defining feature; the key idea is the intentional differential treatment based on protected traits.