Adverse Impact/Disparate Treatment/Discrimination at Work

The phrase to discriminate has two interpretations: (1) to display prejudice toward members of a group through unjustified negative actions, and (2) to meaningfully differentiate between people on the basis of relevant characteristics. Discrimination of the second form involves [Page 21]identifying the presence and degree of characteristics that appropriately distinguish one person from another. For example, a classical music critic should discriminate among pianists on the basis of technique and interpretation to differentiate an exceptional performer from an average performer. In contrast, discrimination of the first form invokes notions of preference and social injustice. Meaningful differentiation is decidedly absent when people are distinguished based on demographic or nonrelevant factors. Because individuals differ on the basis of many characteristics, employers must regularly discriminate between individuals when ...