By and large, employers are prohibited from discriminating against job applicants and employees based on certain traits. Differences exist concerning individual characteristics that enjoy legal protection from discrimination. But another key variable in how workplace prohibitions on discrimination work is whether a given employer is covered by a particular anti-discrimination law.

For example, certain federal contractors have special legal obligations when it comes to combating workplace discrimination. A notable example includes the steps the contractor must take to prevent disparate impact discrimination, such as implementing an affirmative action program.

What is Disparate Impact Discrimination?

When most people think of discrimination at work, they think of disparate treatment. For example, a boss tells an older employee, “We need some youthful workers to take our company to the next level. Because you’re old, I’m letting you go.”

But unlawful discrimination can sometimes occur as a consequence of a seemingly nondiscriminatory rule or policy. For instance, imagine a company had a rule that said any employee who doesn’t have 20/20 vision will be fired.

On its face, it seems like this policy is legal because it discriminates based on someone not having 20/20 vision, which isn’t a protected class. However, this policy could potentially be illegal under the Age Discrimination in Employment Act of 1967 (ADEA) because it will likely have a disparate impact on older workers....

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