What is not considered unlawful discrimination? Treating someone differently is not necessarily unlawful discrimination. Some different treatment such as general performance management may not be an unlawful discrimination issue.
The legal definition of discrimination The law prohibits six forms of discrimination: direct discrimination, indirect discrimination, inadequate accessibility, harassment, sexual harassment and instructions to discriminate.
Age. Age discrimination involves treating someone (an applicant or employee) less favorably because of age. Disability. Genetic Information. Unlawful Workplace Harassment (Harassment) ... National Origin. Pregnancy. Race/Color. Religion.
Discrimination refers to different treatment for similarly situated parties, especially when no legitimate reason appears to exist. For example, an employer who rejects all female applicants and hires the first male applicant with the same qualifications might be discriminating on the basis of gender.
Legally, the term “discrimination” covers only actions that are taken against people because they belong to certain protected classes such as age, gender, race, and the many others that will be discussed in detail throughout this chapter.
Direct evidence often involves a statement from a decision-maker that expresses a discriminatory motive. Direct evidence can also include express or admitted classifications, in which a recipient explicitly distributes benefits or burdens based on race, color, or national origin.
Direct evidence often involves a statement from a decision-maker that expresses a discriminatory motive. Direct evidence can also include express or admitted classifications, in which a recipient explicitly distributes benefits or burdens based on race, color, or national origin.
However, discrimination is a state of mind and, therefore, notoriously hard to prove. Sophisticated employers are well aware that discrimination is illegal. Thus, most cases are established through circumstantial evidence.