South Dakota Jury Instruction - 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101 - 12117 Disparate Treatment Claim
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Example of disparate treatment: providing higher pay to men than women for performing the same job (intentional discrimination) Example of disparate impact: hiring more men than women as construction workers as a result of physical height or strength (unintentional discrimination).
The ADA also prohibits discrimination based on disparate impact. Disparate impact discrimination occurs when an employer uses employment tests, standards, or other selection criteria that intentionally or unintentionally exclude qualified individuals with a disability in a disproportionate manner.
The ADA prohibits discrimination based on disability. Under the ADA, it is illegal to discriminate against someone because of their disability. For example, a fitness center could not exclude a person who uses a wheelchair from a workout class because they cannot do all of the exercises in the same way.
Disparate impact refers to discrimination that is unintentional. This can involve making a service available to everyone regardless of disability status, but individuals in a protected class, like disability, are negatively affected.
Disparate treatment occurs when an employer limits, segregates, or classifies a job applicant or employee in a way that adversely affects the opportunities or status of the applicant or employee, and does so because of an actual or perceived disability.