Misrepresentation

disclosure of untrue favorable performance information that presents a risk of harm to

prospective employees or third parties, for example an employee claims that her
employer states false information during the course of the performance evaluation, or
negligently or intentionally communicates these statements to a third party, such as a
potential future employer, thus subjecting the employee to harm or loss of reputation or
job.

Adverse Impact / Unintentional Discrimination

A KSA statement is a description of qualifications written by a prospective candidate to
describe their knowledge, skills and abilities as they relate to an open role.
A protected class is a group of people who have special legal protection
against discrimination in the workplace based on specifically identified traits.
Unintentional discrimination is called “constructive” or “adverse effect” discrimination.
For example, an employer has a rule that male employees must be clean-shaven. Using
this rule, the employer refuses to hire a Sikh man who, according to his religion, is not
allowed to shave. The rule is not “intended” to exclude Sikh men from a job, but it has
this effect. Unless an employer can show that a change or exception to the rule would be
too costly or create a health and safety danger, the employer should agree to change
the rule.

Illegal Discrimination or Disparate Treatment

As its name suggests, disparate impact discrimination typically occurs when a seemingly
neutral workplace practice unduly impacts a protected group — usually unintentionally. A
common example often used is a workplace height requirement, which may have a
disparate impact on women.
So, what is disparate treatment discrimination then? Simply put, disparate treatment
discrimination is when an employer entirely treats an employee or a potential employee
differently because of that person's race, religion, color, sex, national origin, etc.
Because this form of discrimination is so blatant, it is typically the most obvious.

Employee Claim of Illegal Discrimination

When dealing with employment discrimination, the first thing an employee will typically
need to do is make a prima facie (Fryma peysha) case that they are the victim of
unlawful discrimination. This is just another way of saying the employee has enough
evidence to establish their claim, although the employer will have a chance to refute it
For example, if a job applicant believes a potential employer discriminated against them
because of their race, the employee will typically need to be able to show the following
in order to establish a prima facie case of racial discrimination:
 The applicant is a member of a protected class
 The applicant did, in fact, apply for the job and they were qualified for the job
 The employer did not hire the applicant for the job, despite their qualifications
 The employer kept the job open and continued to seek other applicants with the
same qualifications as the applicant alleging discrimination

Employer Response to Claim of Illegal Discrimination

If the employee or applicant can make their prima facie case, employers have the
chance to make a rebuttal against accusations of discrimination. More importantly,
though, employers don't need to disprove everything claimed by the employee. Instead,
they merely need to identify a "legitimate, nondiscriminatory reason" for why they took
the action they did.
Assuming the employer is able to product a legitimate, nondiscriminatory reason for the
firing, the burden then shifts back to the employee to show that this reason is merely
excuse for discrimination. Inconsistencies in the reasons from the employer can raise red
flags. They can't tell different stories about the decision, nor can they justify applying
rules differently for different employees.
Difference Between Legal and Illegal Discrimination
What differentiates legal from illegal discrimination is what the law says (or doesn’t say).
Discrimination is illegal if the law specifically prohibits it. For example, Congress may
pass a law that explicitly prohibits discrimination in the form of firing an individual on the
basis of that person’s race, color, religion, sex, or national origin. 
Discrimination can be legal if the law specifically says it’s legal. One type of
discrimination that the law specifically allows is the bona fide occupational
qualification,

A BFOQ qualification exists when:

the discrimination deals with a characteristic that goes to the essence of the business,
and

the basis for discrimination is supported by objective and verifiable evidence.

. Discrimination can also be legal if the law is silent on that particular type of
discrimination.

For example, if an employee were fired because he or she liked to play soccer, that
would be legal since no law addresses that type of discrimination. More precisely, an
employee who likes to play soccer is not part of a protected class.

 Examples of protected classes

 Race
 National origin
 Sex
 Color
 Religion
 Disability
 Age
 Pregnancy
 Familial status
 Genetic information