"Discrimination in employment may be shown using one of several theories: Disparate Treatment which is, unfavorable or unfair treatment of a person in comparison to others similarly situated because of that person's protected status." This generally involves the inconsistent or unfair application of an employment rule, policy, or practice against a specific individual. This treatment also is referred to as "unequal" or "differential treatment." It is against the law for a company to willingly structure there employment application to single out a certain group of individuals. Another theory sometimes used is, disparate impact, which is a uniform application to all applicants, or employees of certain personnel policies that have the effect of denying employment, or advancement to members of a protected classes. This is when an employer gears their application to only one set of individuals. Business necessity would be the only justification for continuing these policies. This treatment also is referred to as "discrimination by effect" or "adverse impact." A job might not call for a college education but isn't necessary to perform that job. Discrimination does not have to be intentional to be unlawful. Some practices and actions unintentionally discriminate and are unlawful. .
Our society also discriminates against individuals with disabilities, which occurs when an employee is treated differently on the basis of a disability condition. It can also happen when an organization fails to make reasonable accommodation for qualified disabled employees who are able to meet the requirements of the position through reasonable assistance or modification. This means that an employer has to modify the job application so you can be considered for the job you are applying for. Also adjust the work environment so you can perform the job function. A disabled person is someone who has a physical or mental impairment that substantially limits one or more of that person's major life activities.
