Final answer:
Disparate treatment is generally illegal unless it is based on a bonafide occupational qualification (BFOQ), which is a legal justification for certain discrimination practices essential to business operation. Increased productivity or other such reasons do not serve as legal grounds for disparate treatment. The rational basis test can be used to assess if a discriminatory practice serves a legitimate government interest and thus may be allowed.
Step-by-step explanation:
Disparate Treatment and Legal Justifications
Disparate treatment refers to a situation where employers treat some people less favorably than others because of race, color, religion, sex, or national origin. In most cases, such treatment is illegal. However, there are exceptions to this when discriminatory practices can be deemed lawful. One of the most recognized exceptions is when discrimination is based on a bonafide occupational qualification (BFOQ). This means that the nature of the job requires someone of a certain sex, religion, or national origin to perform specific tasks which are essential to the operation of the business or service. The classic example of a BFOQ is the requirement that a restroom attendant be the same sex as those who will be using the restroom.
While increased productivity, nonprofit status, or desires to reduce reverse discrimination might seem like plausible reasons for disparate treatment, they are not recognized legal justifications. Similarly, a decision by a private employer to discriminate that is not based on BFOQs would also not be legally permissible. Furthermore, actions taken with the intention of increasing market competitiveness or reducing earnings gaps between different groups without a legally recognized justification would still constitute unlawful discrimination. The rational basis test can sometimes be used in legal contexts to determine if a law or policy is rationally related to a legitimate government interest, and therefore acceptable even if it discriminates against certain groups, as long as the discrimination is justified and serves a legitimate purpose.