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Which of the following can lead to a claim of discriminatory practice?

  1. Performance evaluations based on objective criteria

  2. Promotion based on seniority

  3. Termination based on attendance records

  4. Hiring based on applicant's ethnicity

The correct answer is: Hiring based on applicant's ethnicity

The answer is grounded in the fundamental principles of employment discrimination laws, which aim to promote fairness and equality in the workplace. Hiring practices that are based on an applicant's ethnicity can lead to claims of discrimination because it violates laws such as Title VII of the Civil Rights Act, which prohibits employment discrimination based on race, color, religion, sex, or national origin. Employing ethnicity as a factor in hiring decisions does not rely on an applicant's qualifications or merit, deeply challenging the idea of equal opportunity. Such discrimination overlooks candidates who may be more qualified and can create a pattern of exclusion. In contrast, the other listed practices—performance evaluations based on objective criteria, promotion based on seniority, and termination based on attendance records—are not inherently discriminatory. These criteria tend to focus on measurable and job-related factors, promoting fairness in how employees are evaluated and treated. They reflect performance and behavior rather than personal characteristics that could unjustly impact an individual’s employment opportunities.