In chapter 3: “Equal employment opportunity”, the nature of equal opportunity is quickly established as “Employment decisions must be made on the basis of job requirements and worker qualifications.” Unlawful employment decisions occur when a decision is made based upon protected characteristics. Protected characteristics include certain individual attributes such as race, age, sex, disability, or religion. Unlawful discrimination can also include either disparate treatment which is defined as individuals being treated differently from other based upon nonjob related characteristics, this can be either overt or intentional and must follow a pattern. Or disparate impact which is defined as “when an employment practice that does not appear adversely or obviously discriminatory adversely affects individuals with a particular characteristic. This is when identical criteria are used for all groups of people, but the criteria may affect some populations more than others.
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