What is discrimination?

The word discrimination is often used to mean illegal discriminatory acts. Discrimination simply means noticing the differences between things or people that are otherwise alike, and making decisions based on those differences. Discrimination in employment is differential treatment of a person by category, class or group rather than objective treatment on the basis of merit.  Under equal employment opportunity law, it is unlawful to discriminate on the basis that is protected including, race, color, religion, national origin, gender, age, or on the basis of disability. Discrimination can be intentional or unintentional.

What is a protected class?

A protected class is identified by the characteristic that the people within the class share, such as race or religion.  A protected class is a group that is protected from employment discrimination by law.  These groups include women and men based on sex; any group that shares a common race, religion, color or national origin; persons over 40; and people with disabilities. 

What is a similarly situated individual?

A similarly situated individual is a person who shares many of the same characteristics as the person being analyzed.  For example, two secretaries in the same department who are both in the same job classification may be similarly situated.  In an OEO investigation, we may ask about individuals you feel are similarly situated to you and how those individuals are treated the same or differently than you.  Whether a person is a similarly situated individual will depend on the circumstances of each individual case.