In a disparate treatment case,the plaintiff must be able to demonstrate that the employer had an "evil" intent to discriminate.

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Disparate treatment is considered intentional discrimination. However, the employee need not prove that the employer actually said that race, gender, and so on was the reason for the decision. In disparate treatment cases, the employer's policy is discriminatory on its face, such as a policy of only hiring men to work in a warehouse facility. Keep in mind that it is not the employer's subjective intent that is important. There need not be evil intent to discriminate. Claimant must simply be able to be show that the difference in treatment occurred and had no sustainable justification, leaving a prohibited category as the only remaining conclusion.

In a Disparate Treatment Case,the Plaintiff Must Be Able to Demonstrate