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This type of discrimination is called disparate impact. A situation in which the employer uses a facially neutral employment practice that has an unjustified adverse impact on members of a protected class is called disparate treatment. A company may only implement a facially discriminatory policy if it is a bona fide occupational qualification or BFOQ. (HR Guide, 2001) A BFOQ allows businesses to hire and employ individuals on the basis of the qualifications necessary or required for a particular position. Race or color may never be a BFOQ. (HR Guide, 2001) Aside from a BFOQ under Title VII disparate treatment is unlawful...
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