When employers discriminate against applicants or employees they do so in two general ways: 1)
intentionally, or through “adverse treatment,” or 2) unintentionally, or through “adverse impact.”
Research these terms and, in your own words, identify how discrimination that occurs
intentionally differs from discrimination that occurs unintentionally. Give an example each.
Sometimes, it is permissible for employers to intentionally favor a protected classification over
all other protected classifications because the favored protected classification is the only one
that can perform the job. The employer intentionally discriminates against all other
protected classifications. This amounts to legal discrimination! For example, if an employer
needed to hire a surrogate mother…then the employer would naturally need a woman for the
job, since a man could never be a surrogate mother. Likewise, if an employer wanted to hire
a sperm donor, it would be required to hire a man, since a woman could never perform that
job. When an employer intentionally discriminates, it argues that the favored protected
classification is a “BFOQ.” Research that term and in your own words describe how an
employer may argue that it is necessary to discrimination based on the other protected
classifications identified in Title VII, such as religion. Please note: it is possible to
successfully argue that a BFOQ is necessary for every protected classification except one. In
your paper, identify the protected classification that can never be the basis for a BFOQ.
Much discrimination is based upon “stereotypes.” Research what this means and in your own
words describe various stereotypes that commonly lead to discrimination in the workplace. What
should an employer to do ensure that stereotypes do not influence decision making?