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Disparate treatment occurs when two people are intentionally treated differently in similar situations based on a protected characteristic.

A. True
B. False

Answer :

Final answer:

The statement is true. Disparate treatment is a form of discrimination and occurs when people are intentionally treated differently in similar situations based on protected characteristics like race, ethnicity, gender, or religion.

Explanation:

Disparate treatment occurs when individuals are intentionally treated differently in similar situations based on a protected characteristic, such as race, gender, or religion. This is a form of discrimination that manifests in the labor market, where workers with similar education, experience, and expertise may receive different pay or job opportunities due to a protected characteristic. The Fourteenth Amendment of the U.S. constitution provides the right to equal treatment, and extends this notion to encompass various individual attributes.

Each form of discrimination, whether based on ethnicity, sex, or religion, stems from the ideological belief that the members of a certain group are inferior or deserve less. However, there are exceptions to the notion of disparate treatment - only if there is a rational basis associated with a significant or compelling government interest for unequal treatment. For example, if a disability prevents a person from performing the essential duties required by a job, or denying driving privileges to individuals too young to responsibly handle such a task.

Historically, discrimination was widespread and overt, such as the example of Jim Crow laws in the southern states, or signs stating 'No Irish Need Apply'. Today, this overt discrimination is not tolerated. However, forms of discrimination still persist, and this struggle for equality is an ongoing process.

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