Disparate Impact
Disparate impact occurs when members of a protected class are substantially underrepresented as a result of employment decisions that work to their disadvantage.
Even where an employer is not motivated by discriminatory intent, Title VII of the Civil Rights Act prohibits an employer from using a seemingly neutral employment practice that has an unjustified adverse impact on members of a protected class. Practices that have the appearance of being fair may actually be discriminatory in form.
Employees would have to use statistical information to show a negative/disparate impact on a protected class (e.g., Blacks, women, the disabled, etc.). Of course, the employer would probably argue fuzzy math as a defense against the statistical evidence or the employer could cite a business necessity (mentioned in a previous post) for the practice.
If the employer says it has a business necessity that justifies a seemingly discriminatory practice, the employee could argue that there were alternative practices available that would not have disenfranchised the protected class of employees, but was not used by the employer.
Examples of practices that may be subject to a disparate impact challenge include written tests, height and weight requirements, educational requirements, and subjective procedures, such as interviews.
Source: http://www.hr-guide.com/data/G702.htm
Even where an employer is not motivated by discriminatory intent, Title VII of the Civil Rights Act prohibits an employer from using a seemingly neutral employment practice that has an unjustified adverse impact on members of a protected class. Practices that have the appearance of being fair may actually be discriminatory in form.
Employees would have to use statistical information to show a negative/disparate impact on a protected class (e.g., Blacks, women, the disabled, etc.). Of course, the employer would probably argue fuzzy math as a defense against the statistical evidence or the employer could cite a business necessity (mentioned in a previous post) for the practice.
If the employer says it has a business necessity that justifies a seemingly discriminatory practice, the employee could argue that there were alternative practices available that would not have disenfranchised the protected class of employees, but was not used by the employer.
Examples of practices that may be subject to a disparate impact challenge include written tests, height and weight requirements, educational requirements, and subjective procedures, such as interviews.
Source: http://www.hr-guide.com/data/G702.htm
Labels: discrimination, documentation, protected class
posted by S. Mary Wills at 11:37 AM
1 Comments:
Informative as always!
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