Discrimination

Disparate treatment involves intentional discrimination against individuals based on protected characteristics. Disparate impact involves facially neutral policies or practices that disproportionately affect a protected group without business justification.

Promptly investigate the complaint, take interim protective measures if appropriate, document all steps taken, reach a determination based on the evidence, take corrective action if warranted, and protect the complainant from retaliation.

Reasonable accommodations are modifications to the job or workplace that enable a qualified individual with a disability to perform essential functions. Examples include modified schedules, assistive technology, reassignment, and physical workplace modifications. Employers must engage in an interactive process.

Defenses include demonstrating legitimate, non-discriminatory reasons for the challenged action, showing consistent treatment, documenting performance issues, presenting evidence of thorough investigation and good-faith decision-making, and challenging the plaintiff's prima facie case.