Disparate treatment and disparate impact both indicate discriminatory practices. Disparate impact is also indicated as unintentional discrimination, though disparate treatment is intentional.
These claims drop beneath Disparate Impact because disparate impact befalls when rules, practices, procedures or any other system that appear to be an unbiased conclusion in a disproportionate impact on a shielded group. For instance, examining all candidates and using conclusions from that exam will unintentionally eliminate certain minority candidates disproportionately.
Disparate treatment is intentional employment discrimination. For instance, examining a particular ability of only certain minority candidates.
Disparate impact is a pernicious doctrine that breaks the Equal Protection Clause, harms business, and forces racial balancing.
Federal laws prevent workplace discrimination established upon national origin, sex, equal pay, color, genetic information, race, age, disability information, religion, plus prevent both disparate impact and disparate treatment discrimination.
Equal employment possibility is an employment system where employers do not attract in employment exercises that are prevented by law. It’s illegal for employers to discriminate on an employee or candidate on the base of Sex, Religion, Color, Age, and Race.
There are various circumstances in which the compromisation of Islamic religious systems may not force a financial or administrative hardship on the employer. For instance, allowing an employee to utilize appropriate space for prayer. However, each circumstance is different. If the compromisation would force a hardship on the employer that cannot be concluded, the employer is not expected to provide the compromisation. If your employer is uncertain of its commitments to provide you with religious compromisation.
If I were the judge, I would rule in favor of the employee. I would hold the employer responsible because they made no attempts to compromise her spiritual expectations and the employee was not pushing her spiritual faiths on her employees. Since an employer breaks the ordinance unless it “illustrates that it is incapable to honestly provide an employee’s spiritual observance or tradition without excessive hardship on the demeanor of the employers business,” I would consider the employer to be at fault. “It’s five minutes. It’s not as big deal as the organization’s making it.” The employee’s spiritual faiths were not affecting others employees in the organization. The employer did not attempt to provide because once the employee registered the accusation she was then fired.