Professional in Human Resources (PHR) Practice Exam

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What foundational principle does the concept of disparate treatment rest upon?

  1. Accidental discrimination

  2. Uniformity in employment practices

  3. Intentional differentiation based on protected characteristics

  4. Inclusivity in hiring policies

The correct answer is: Intentional differentiation based on protected characteristics

The concept of disparate treatment is fundamentally rooted in the idea of intentional differentiation based on protected characteristics. This means that disparate treatment occurs when an individual is treated less favorably than others specifically due to attributes such as race, gender, age, disability, or other classifications that are protected by law. Unlike other forms of discrimination, such as disparate impact—which can occur even without intent—disparate treatment requires evidence that the employer intentionally treated someone differently. This principle is critical in understanding how laws like the Civil Rights Act operate, as it focuses on the actions of employers and their intent. The recognition of this principle enables individuals to pursue legal remedies when they believe they have been unfairly discriminated against in a way that can be demonstrated as purposeful discrimination. By establishing that the unfavorable treatment was a result of conscious, discriminatory intent, the affected party can argue against the employer’s practices in a clear and structured manner. In contrast, options centered on accidental discrimination or uniformity in practices miss the point of intentionality, while inclusivity in hiring policies relates more to a proactive strategy rather than addressing how existing discriminatory actions manifest.