Fran, an HR professional, is conducting interviews for a warehouse position. One applicant indicated on their application that they speak Spanish. Fran interviews this candidate in Spanish while conducting all other interviews in English. What does this illustrate?

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TheoryPractice · Accepted Answer

Disparate treatment. Disparate treatment occurs when an individual is treated differently from others based on a protected characteristic. Interviewing one candidate in Spanish while interviewing all others in English treats that candidate differently based on their language background, which is an example of disparate treatment. It is not accommodation, as the candidate's needs were not the reason for the change. It is not disparate impact, which involves neutral policies with disproportionate effects. And it does not involve maintaining historical discriminatory practices.

Fran, an HR professional, is conducting interviews for a warehouse position. One applicant indicated on their application that they speak Spanish. Fran interviews this candidate in Spanish while conducting all other interviews in English. What does this illustrate?

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