Definition: Intentional discrimination in terms or condition of employment.
The employer intentionally treats employees or applicants differently because of race, color, sex, religion or national origin.

• Section 703(h) - it shall not be an unlawful employment practice for an employer to give and act upon the results of any professionally developed test provided that such test, its administration or action upon the results is not designed, intended or missused to discriminate because of race, color, religion, sex, national origin.

Explanation: The discriminatory effect of apparently neutral employment criteria or selection devices; does not require intention to discriminate on the part of the employer
The employment criteria selection device strangely employees based on race, color, sex, religion, or national origin.

• Section 703(K) - Plaintiff (accuser - usually employee or union) must demonstrate that the employment practice causes a dispareate impact on one of the basis prohibited by Title VII. If such a showing is made... then the employer must demonstrate the practice is JOB RELATED and is consistent with business necessity.

Definition: the use of differnt cutoff scores with differnt racial, gender, or ethnic groupds of applicant or adjusting test scores or otherwise altering test results of employment tests on the basis of race, color, religion, sex, or national origin.