We discriminate when we buy one product over another, when we choose our friends, and when we make personnel decisions based on merit related factors. All these forms of discrimination are legal and necessary. However, some types of discrimination in employment have been made illegal. Illegal discrimination is unfavorable treatment of a person by category, class, or group rather than objective treatment on the basis of merit. Under EEO law, it is illegal to discriminate on the basis of race, color, religion, national origin, sex, age or handicap.
Discrimination can be intentional or unintentional.
See Disparate Treatment and Disparate Impact. Disparate Treatment . Inconsistent application of rules and policies to one group of people over another. Discrimination may result when rules and policies are applied differently to members of protected classes. Disciplining Hispanic and Afro-American employees for tardiness, while ignoring tardiness among other employees, is an example of disparate treatment.