Unlike fair discrimination in the workplace, which is based on affirmative action, inherent requirements of a particular job, productivity, or law (compulsory discrimination), unfair discrimination entails prejudice, favor, or bias against employees.
There are two kinds of discrimination that are considered unfair: direct and indirect discrimination. Direct discrimination is easily noticeable as it includes overt differential treatment of employees and candidates based on subjective factors. Indirect discrimination occurs when there is a policy that extends to all in the same way but disproportionately disadvantages a group of people who share a protected characteristic.