How is "discrimination" defined in the context of affirmative action by the Supreme Court and the EEOC?

In the context of affirmative action as defined by the Supreme Court and the Equal Employment Opportunity Commission (EEOC), "discrimination" is viewed broadly as consequences of employment practices without regard to motivation. This definition focuses on the effects of policies or actions rather than the intentions behind them. Under this understanding, a practice that results in underrepresentation or adverse impact on a specific group can be considered discriminatory, regardless of whether the intent was to discriminate or not.

This perspective emphasizes the need to evaluate outcomes and ensure that employment practices do not perpetuate inequality, aligning with the goals of affirmative action, which seeks to address and rectify systemic imbalances in the workforce. Understanding discrimination this way allows organizations to implement measures that promote equity and inclusion effectively.

The other options focus on aspects of intentionality or the form of discrimination, which, while relevant in some contexts, are not the primary focus in affirmative action discussions within the framework set by the Supreme Court and the EEOC. This approach underscores a commitment to ensuring fair practices that consider the impact of policies rather than solely the motivations behind them.