Impermissible Discrimination vs. Permissible Discrimination

Attribute	Impermissible Discrimination	Permissible Discrimination
Based on	Protected characteristics such as race, gender, religion, etc.	Non-protected characteristics such as qualifications, experience, etc.
Legal Status	Prohibited by law (e.g. Civil Rights Act)	Allowed under certain circumstances (e.g. bona fide occupational qualification)
Intent	Intentional discrimination based on prohibited factors	Non-discriminatory intent based on legitimate factors
Impact	Creates unfair disadvantage for certain groups	Does not create unfair disadvantage and is justified

Definition

Discrimination is the unjust or prejudicial treatment of different categories of people or things, especially on the grounds of race, age, or sex. Impermissible discrimination refers to discrimination that is illegal and prohibited by law, such as discrimination based on protected characteristics like race, gender, religion, or disability. Permissible discrimination, on the other hand, refers to discrimination that is allowed under certain circumstances, such as when it is necessary for the functioning of an organization or when it is based on legitimate factors unrelated to protected characteristics.

Protected Characteristics

Impermissible discrimination is based on protected characteristics that are outlined in anti-discrimination laws. These characteristics include race, color, religion, sex, national origin, age, disability, and genetic information. Discrimination based on any of these characteristics is illegal and can result in legal consequences for the discriminator. Permissible discrimination, on the other hand, may be based on factors such as qualifications, experience, performance, or behavior that are unrelated to protected characteristics. For example, an employer may choose to hire a candidate based on their qualifications and experience, even if they belong to a protected class.

Intent

Impermissible discrimination is often intentional and based on prejudice or bias against individuals or groups with certain characteristics. This type of discrimination is considered unjust and unfair, as it denies opportunities to individuals based on factors that are beyond their control. Permissible discrimination, on the other hand, may be based on legitimate reasons that are necessary for the functioning of an organization. For example, a company may choose to hire a candidate who is fluent in a particular language if the job requires communication with clients who speak that language.

Impact

Impermissible discrimination can have a negative impact on individuals and society as a whole by perpetuating inequality and limiting opportunities for marginalized groups. It can lead to disparities in employment, education, housing, and other areas, creating barriers for individuals based on their characteristics. Permissible discrimination, on the other hand, may have a neutral or positive impact when it is based on legitimate factors that are relevant to the situation. For example, a school may choose to admit students based on their academic performance to maintain high educational standards.

Legal Consequences

Impermissible discrimination is illegal and can result in legal consequences for individuals or organizations that engage in discriminatory practices. This can include fines, lawsuits, and other penalties imposed by anti-discrimination laws. Permissible discrimination, on the other hand, is allowed under certain circumstances and may not result in legal consequences if it is based on legitimate factors that are unrelated to protected characteristics. For example, a landlord may choose to rent a property to a tenant based on their credit history and rental references, even if the tenant belongs to a protected class.

Examples

Impermissible discrimination can take many forms, such as refusing to hire someone based on their race, gender, or religion, or denying someone housing based on their disability. These actions are considered illegal and unjust under anti-discrimination laws. Permissible discrimination, on the other hand, may include hiring a candidate based on their relevant experience for a job, even if they are not fluent in a particular language required for the position. This type of discrimination is allowed as long as it is based on legitimate factors that are necessary for the job.