Some kinds of discrimination are both legal and fair. For example, discriminating against employees with high unexcused absenteeism and tardiness rates simply appears to be good sense. Other kinds of discrimination are legal but unfair. Failing to hire a person because he or she is left handed is a good example. Most will agree that it is a poor reason to screen out job applicants, but it is not a violation of the law.
Illegal discrimination occurs when a civil rights law is violated.
There are many such laws, but only a few basic concepts behind all of the statutes. This occurs when policies or practices are used which, while neutral on their face, affect one group in an adverse manner. An employer should not have policies which adversely impact certain groups unless it can prove that they are absolutely necessary for the business. It is important to determine not only what the policy of an employer is, but also how that policy is enforced. In cases of religious or disability discrimination, employers may be asked to give evidence that they have made, or attempted to make, a reasonable accommodation in the workplace to help the employee.