Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Distinguishing Disparate Treatment From Disparate Impact; Confusion On The Court, Michael C. Harper
Distinguishing Disparate Treatment From Disparate Impact; Confusion On The Court, Michael C. Harper
Faculty Scholarship
In two decisions in the 2014-2015 Term, Young v. United Parcel Service, Inc., and Equal Employment Opportunity Commission v. Abercrombie & Fitch, Inc., the Court seemed to give contradictory answers to an important unresolved conceptual definitional question: Does disparate treatment include assigning members of a protected group based on their protected status to a larger disfavored group that is defined by neutral principles and that includes others who are not members of the protected group? Or does such assignment have only a disparate impact on the protected status group?
In Young, the first of these decisions, all members of the …