Describe the types of evidence someone would need to use in order to prove a case of disparate treatment.

Question

What will be an ideal response?

Answer 1

Cases that rely on direct evidence of the intention to discriminate. Such cases are proven with direct evidence of pure bias based on an open expression of hatred, disrespect, or inequality, knowingly directed against members of a particular group.
Blanket exclusionary policies--for example, deliberate exclusion of an individual whose disability (e.g., an impairment of her ability to walk) has nothing to do with the requirements of the job she is applying for (financial analyst).
Cases that are proved through circumstantial evidence of the intention to discriminate (see Schwager v. Sun Oil Co. of Pa., p. XX), including those that rely on statistical evidence as a method of circumstantially proving the intention to discriminate systematically against classes of individuals.
Mixed-motive cases (a hybrid theory) that often rely on both direct evidence of the intention to discriminate on some impermissible basis (e.g., gender, race, or disability), and proof that the employer’s stated legitimate basis for its employment decision is actually just a pretext for illegal discrimination.