1) Disparate treatment discrimination occurs when an employer intentionally treats one employee differently from another based upon a prohibited basis such as sex, age or religion.
2) Disparate impact discrimination is more difficult to spot and often involves a work rule or other employment policy (for example, a minimum height or weight requirement that discriminates against women and minorities) that appears to be bias-free but adversely affects an otherwise qualified protected class when applied.
3) Failure to make reasonable accommodations for an individual’s disability or religious practice.
4) A practice or policy that continues the effects of past discrimination.
In general, an individual within a protected classification must not be treated less favorably than others outside of the protected classification in regard to hiring decisions or employment conditions. An employment decision made because of an employee’s protected classification may lead to a discrimination lawsuit where the employee is entitled to a jury trial and where both compensatory and punitive damages are available.
