2 Disparate treatment can be defined as unequal treatment or applying different standards to different employees. Discriminatory Behavior 3 Disparate Treatment Disparate Impact Different standards for various individuals or groups. Same standards having differing consequences. Intent to discriminate may be inferred by behaviors. Employer can justify actions by absence of discriminatory intent and exercise of reasonable business judgement.
Employer can justify pay differences through business necessity.
The Selective Service Act of 1948 and subsequent legislation, such as the Vietnam Era Veteran's Readjustment Assistance Act and the Uniformed Serviceman's Reemployment Act, require companies to reemploy workers who are called to or volunteer for military service, whether active or reserve duty. The simplest guideline to follow in complying with this law would be that the employer must, within certain guidelines, return military service veterans to the job they would have had if it had not been for their military service. Employers must also grant workers leave time for reserve duty, summer camp and other training, and they may not require employees to use vacation time for these periods of service. Although such military leaves may be unpaid, many companies offer to make up the difference between the employee's regular rate of pay, and whatever earnings the employee received from military duty. The United States Department of Veterans affairs offers various manuals and other literature detailing all rights and privileges of returning veterans.