Disparate treatment occurs when an employer intentionally discriminates against an employee based upon the employee's membership in a protected class.

To sue for disparate treatment under Title VII of the Civil Rights Act of 1964,the plaintiff must be a member of a protected class as listed in the act.In other words,the employee must have been discriminated against on the basis of race,color,national origin,religion,or sex (i.e.,gender).If the employee has been refused work,fired,denied a promotion,or the like,based on membership in a protected class,this is a form of intentional discrimination and qualifies the employee to sue for disparate-treatment discrimination.