What aspect of employment practices can make them discriminatory?

The motivation behind the practice is key to determining whether an employment practice can be deemed discriminatory. Discrimination in employment often arises when a practice is motivated by bias based on protected characteristics such as race, gender, age, religion, or disability. This motivation can manifest in both overt actions and subtle influences within workplace policies.

When an employer implements a practice motivated by prejudicial thoughts or stereotypes about certain groups, it can lead to unequal treatment and opportunities for employees based on their identity rather than their qualifications or performance. In contrast, practices that are purely based on non-discriminatory factors—such as efficiency or financial implications—do not inherently carry the same risk of discrimination. Thus, identifying the underlying motivation can clarify whether an employment practice fosters inequality or upholds fairness and equity in the workplace.