treatment can be defined as treating some people less favorably than others because of certain factors. Disparate impact involves practices that fall more harshly on one group than another and cannot be justified by business necessity.6 Race, color, religion, creed, sex, age, marital status, national origin, mental or physical disability, veteran status, or sexual orientation represent some of the reasons job applicants are subjected to discrimination. Note, that not all of these factors are legally protected from discrimination during the hiring process. The legal protection would depend upon various applicable state or federal law and the individual circumstances of the case.
Because of it's disparate impact upon minorities, questioning an applicant about his or her arrest record has been determined to be a discriminatory practice by the EEOC. Many facts support this claim since it is minorities who are arre
...