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Employment discrimination is a form of discrimination based on race , gender , religion , national origin , physical or mental disability , age , sexual orientation , and gender identity by employers. Earnings differentials or occupational differentiation—where differences in pay come from differences in qualifications or responsibilities—should not be confused with employment discrimination. Discrimination can be intended and involve disparate treatment of a group or be unintended, yet create disparate impact for a group. In neoclassical economics theory, labor market discrimination is defined as the different treatment of two equally qualified individuals on account of their gender , race , age , disability , religion , etc.

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