Identify the three types of discriminatory conduct, including disparate treatment, prohibited by Title VII of the Civil Rights Act of 1964.

Title VII prohibits using proscribed criteria to produce disparate treatment, engaging in conduct that on its face is neutral but that perpetuates past discrimination, and adopting neutral rules that have a disparate impact. With disparate treatment, an individual shows an employer used a prohibited criterion in making an employment decision by treating some people less favorably than others. Liability is based on proving the employer's decision was motivated by the protected characteristic or trait. Disparate impact occurs when an employer adopts neutral rules that adversely affect a protected class and that are not justified as being necessary to the business. Despite the employee's proof of disparate impact, the employer may prevail if it can demonstrate the challenged practice is job related and consistent with business necessity.