Employment discrimination is a form of discrimination based on race, gender, religion, national origin, physical or mental disability, and age by employers.Earnings differentials or occupational differentiation is not in and of itself evidence of employment discrimination.Discrimination can be intended and involve disparate treatment of a group or be unintended, yet create disparate impact for a group.arnings differentials or occupational differentiation is not in and of itself evidence of employment discrimination. Discrimination can be intended and involve disparate treatment of a group or be unintended, yet create disparate impact for a group.