Adverse effect and disparate treatment all apply to cases of discrimination in employment. They fall under the provisions of Title VII which seeks to ensure the protection of employees against any form of discrimination. Adverse effect or impact was developed in the case of Griggs v Duke Powers Co. It refers to the substantial application of a different rate of selection in employment matters with the consequence that the selection works to the disadvantage of members of a given race, sex or ethnic group. The adverse impact is tested using different parameters. The first and most important of the tests is the 80% test. In Ricci v Destefano the Supreme Court ruled in favor of the plaintiffs holding that the actions of New Haven Civil Service Board amounted to an adverse impact on the eighteen plaintiffs.
Disparate Treatment
On the other hand, the disparate treatment refers to the singling out of an individual and thereof being subjected to treatment that is less favorable as compared to other individuals in the same situation on the basis of an impermissible criterion. The disparate treatment, therefore, refers to the unfavorable treatment. In Ricci v Destefano, the Supreme Court held that the treatment that the African firefighters had been subjected to ended up disadvantaging them and was, therefore, less favorable. In the Ricci case, the disparate treatment violation manifests itself in the failure of employees to apply uniform criteria that would be non-favorable to any of the races. The system applied works in favor of the whites to the disadvantage of the Blacks. However, the fact that the Supreme Court ruling was not unanimous indicates the thin line often seen in the manner in which the courts interpret the law.
References
Arthur, W., Doverspike, D., Barret, G., & Miguel, R. (2013). Chasing the Title VII Holy Grail: The Pitfalls of Guaranteeing Adverse Impact Elimination. Journal of Business and Psychology, 32-43.
Collins, E. C. (2012). Employment Law Review. Law Business Research, 1-799.
Gutman, A., & Dunleavy, E. (2013, February 12). On the Legal Front: The Supreme Court Ruling in Ricci v. Destefano. Retrieved July 23, 2013, from Society for Industrial and Organizational Psychology: http://www.siop.org/tip/oct09/08gutman.aspx
