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Discrimination has been defined as the unequal treatment of equals. Discrimination is expressed in overt behavior, while prejudice is expressed in attitude.Race discrimination in this country is closely related to historical patterns of immigration and migration, particularly in the flow of newcomers to northern cities. Immigrants to the cities have, as groups, tended to occupy the lowest social and economic level.During the last thirty years efforts to combat racial discrimination have figured prominently in our history. The civil rights movement of the 1950s and 1960s won the passage of important legislation; decisions of the Supreme Court and regulations of federal agencies have contributed greatly to fighting discrimination, yet it is obvious that a great deal more needs to be done. It is illegal under both Federal and State Law to discriminate in the "terms or conditions of employment" on the Basis of a person's race or color.Terms or conditions of employment" means just about anything relating to someone's job: their position, pay, title, hours, vacations, most everything is a term or condition of employment. Whether or not a person is hired is also considered a term or condition of employment.Employment discrimination based on association with people of a particular race is also prohibited. For instance, if an employer fired a white employee because she had black friends, or was dating a black man, the white woman would have a discrimination suit, whether or not the employer is prejudiced against whites. It is also illegal to discriminate on the basis of "color". In one case, an employer hired a "light-complexioned" black applicant with "Caucasian features" over another black applicant who had a "dark complexion" and "Negroid features". This was also against the law, even though in a strict sense one race wasn't being preferred over another.There are two types of race discrimination: disparate impact and disparate treatment". A disparate impact allegedly occurs when certain, federally-protected races (non-white) perform more poorly on any test, academic measure, or job criterion than non-protected whites. Any situation where non-protected whites score better than protected minorities is defined by Clinton's Justice Dept. and Education Dept. as illegal racial discrimination. Under this definition, no proof of actual racial discrimination is required, no proof of intent to discriminate is required, and no evidence of institutional or organizational racism or bigotry is required. Disparate treatment occurs where members of a race, sex, or ethnic group have been denied the same employment, promotion, membership, or other employment opportunities as have been available to other employees or applicants. Those employees or applicants who have been denied equal treatment, because of prior discriminatory practices or policies, must at least be afforded the same opportunities as had existed for other employees or applicants during the period of discrimination.
Thus, the persons who were in the class of persons discriminated against during the period the user followed the discriminatory practices should be allowed the opportunity to qualify under less stringent selection procedures previously followed, unless the user demonstrates that the increased standards are required by business necessity.