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Disparate Treatment and Disparate Impact Evaluations

Disparate treatment and disparate impact cases involve actions on the part of an employer that a plaintiff worker claims are based on the worker's race, gender, color, national origin, religion, disability, or age. Determining damages in these cases should follow the same practices as those used in tort, sexual harassment, or ADA (Americans with Disabilities Act, 1990) cases, with special focus on the employee's work history.

In civil rights cases, forensic psychologists' concern is most often focused on emotional damages in lawsuits brought in relation to claims of sexual harassment or work environments made hostile by racial prejudice or sexual bias. This entry, however, focuses on how forensic psychologists may function in cases involving an employer's work policies that affect individuals of a particular class. That ...

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