Proving Sex Discrimination: Disparate Treatment and Disparate Impact
Congress was more explicit in defining when sex discrimination was permitted (as a BFOQ) than in setting criteria for determining when it was prohibited. Since 1964, the standard of evidence required to prove that an employer has violated Title VII has been evolving. The main actors are the EEOC, federal courts, interest groups, and, when there is an impasse among these three groups, Congress. Through a series of cases, the federal courts have established two major categories of discrimination: disparate treatment against an individual or a group and disparate impact.