9.01 EXPLANATORY: DISPARATE TREATMENT "SAME DECISION" is a type of discrimination in which different groups of people are treated unequally despite being subject to the same decision. This type of discrimination can be intentional or unintentional, but the result is still the same: individuals within the same protected class are treated differently from one another, despite similar circumstances or qualifications. There are two types of 9.01 EXPLANATORY: DISPARATE TREATMENT "SAME DECISION": direct and indirect discrimination. Direct discrimination occurs when an employer makes a decision based on a person’s membership in a protected class, such as race or gender. Indirect discrimination occurs when a policy or practice has a disproportionately negative effect on members of a protected class. In either case, the employer is liable for the discrimination if it cannot be proven that the decision was based on reasonable grounds.