In terms of unlawful discrimination, one can distinguish ´to use the language of the courts´ between (1) disparate treatment and (2) adverse impact. Outright discrimination, or disparate treatment, involves treating people differently on the basis of a protected attribute. Practices that appear unbiased on the surface may also be illegal if they have adverse impact, that is, if they yield discriminatory results unrelated to future job performance. For instance, requiring a high school diploma for tractor drivers might unreasonably eliminate more nonwhite applicants from job consideration.
Organization |
University of California Berkeley |
Publisher |
University of California |
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1370 |
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Written Material |