Future Business Leaders of America (FBLA) Business Law Practice Exam

What term describes an employment policy that, while appearing neutral, unreasonably affects members of a protected class?

1. Disparate treatment

2. Unintentional bias

3. Equal opportunity violation

4. Reverse discrimination

The correct answer is: Disparate treatment

The correct term that describes an employment policy which, despite its neutral appearance, adversely impacts members of a protected class is known as "disparate treatment." This concept originates from employment discrimination law and typically refers to situations where individuals are treated differently based on their membership in a certain group, such as race, gender, or age. Disparate treatment does not require intentional discrimination. Instead, it focuses on the effects of a neutral policy that inadvertently leads to unfair outcomes for certain groups; this is often identified through statistical evidence showing a significant and disproportionate negative impact on protected classes compared to others. In the context of employment law, identifying disparate treatment is crucial because it points to systemic issues that may need to be addressed within an organization’s policies or practices. Understanding this term helps recognize how neutrality in a policy does not guarantee fairness and emphasizes the importance of evaluating the impact of workplace rules on all employees.