The key element in disparate treatment is discriminatory intent. In this context, that means:

A. The employer intentionally treated the employee differently based on a protected characteristic.

B. The employer accidentally treated the employee differently based on a protected characteristic.

C. The employee intentionally misrepresented facts.

D. The employee was unaware of company policies.

Disparate treatment in employment discrimination law refers to the intentional unequal treatment of an employee by an employer based on a protected characteristic. Discriminatory intent is the key element, and it is crucial to prove this intent to successfully claim disparate treatment.

Explanation:

The key element in disparate treatment is discriminatory intent. In the context of employment discrimination, that means the employer intentionally treated the employee differently based on a protected characteristic, like race or gender. Such actions can lead to unequal pay or job opportunities despite the affected individuals having the same skill levels, which is measured by relevant criteria such as education, experience, and expertise.

It is important to note that disparate treatment is a legal concept used in discrimination cases to demonstrate that an employer has treated an employee unfairly on the basis of a protected characteristic. The intent to discriminate is a critical factor and must be proven for a disparate treatment claim to succeed under employment discrimination laws.