What constitutes employment discrimination?

Employment discrimination occurs when an individual is treated unfairly or unequally in the workplace based on certain protected characteristics. These protected characteristics typically include factors such as race, gender, age, religion, national origin, disability, or sexual orientation. When an employer's actions result in different treatment or outcomes for employees based on these traits rather than job-related qualifications or performance, it constitutes discrimination. Therefore, the focus on unequal treatment based on these specific characteristics clearly identifies and encapsulates the essence of employment discrimination, distinguishing it from other HR practices that promote fairness and equality.

In contrast, fair treatment of employees does not highlight the inequality aspect necessary to define discrimination. Hiring based solely on qualifications emphasizes a merit-based approach, which is typically encouraged to avoid discrimination. Attendance-based performance evaluations bring attention to specific job-related metrics but do not address discrimination directly, as they are not predicated on protected characteristics.