Terminology (from a USDA slide show for an Oregon foodbank link =
http://www.slideserve.com/presentation/71112/USDA-Civil-Rights-Training )
Differential treatment
Disparate treatment
Disparate impact or discriminatory impact = discrimination that is not intentional but has that effect; rule, policy, or practice that may be neutral on its surfacebut impacts a protected class disproportionately
Reprisal/Retaliation = negative treatment of someone because he/she filed a complaint or complained about discrimination; retaliation could involve denial of service, harassment, intimidation, etc.; retaliatory behavior can result in finding of discriminatory retaliation even if the original complaint filed by the individual is baseless.
This is something that is federal agency speak. Seriously-- when I spoke with DOJ regarding our <ahem> swimming situation, I was
strongly encouraged to file with DOJ because it was a clear instance of a failure to change "practices, policies, and procedures" which were discriminatory-- and that while it was not inherently illegal to maintain such PPP as an organization, the
refusal to alter them in the face of a clear case of exclusion of a QID was (and presumably, "is").Make sense?
Now,
yes, the burden of proof still rests with the individual to demonstrate that the PPP are inadequate to permit inclusion. But don't worry there, since most of these organizations are MORE than willing to give a person an endless number of examples of both exclusion and even of undue burden from which to draw...
"sit in the special seat."
"just don't participate in..."
"have you sit this part out..."
"go down to the ________ office instead..."
"have your mom or dad provide you with...."
"wipe down your own equipment..."
"provide your own equipment..."
And believe me, if DOJ has a problem with this in the context of ADA, you'd better BELIEVE that it's a problem in the context of 504, which is far more stringent (no "reasonable" provision).