The following excerpt is from Hagans v. Andrus, 651 F.2d 622 (9th Cir. 1981):
1 Title VII discrimination can appear in at least two forms. In "disparate treatment" cases, an "employer simply treats people less favorably than others because of their race, color, religion, sex, or national origin." International Bhd. of Teamsters v. United States, 431 U.S. 324, 335 n.15, 97 S.Ct. 1843, 1854 n.15, 52 L.Ed.2d 396 (1977). "Disparate impact" cases "involve employment practices that are facially neutral in their treatment of different groups but that in fact fall more harshly on one group than another and cannot be justified by business necessity." Id. In the instant case, Hagans has alleged disparate treatment, not disparate impact.
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