Discrimination occurs when there is an employment action (i.e. hiring, promoting, disciplining, or terminating an employee) that happens due to an employee’s protected class. For example, discrimination may occur if a manager or supervisor learns of an applicant’s pregnancy and, based on that knowledge, selects another less-qualified applicant who is not pregnant.
Discrimination can also occur when an employer adopts a policy or practice that seems neutral and nondiscriminatory on its face but has a disproportionately negative effect on members of a protected class. For example, some physical agility tests required for a job may have a disparate impact on women.
