EEO: HR-Guide to the Internet. ... HR Guide to the Internet: EEO: Disparate Impact ... Disparate Impact Even where an employer is not motivated by discriminatory intent, Title VII prohibits an the employer from using a facially neutral employment practice that has an unjustified adverse impact on members of a protected class.
www.hr-guide.com/data/G702.htm
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HR Guide to the Internet: EEO: Disparate Treatment ... Disparate Treatment Title VII prohibits employers from treating applicants or employees differently because of their membership in a protected class. The central issue is whether the employer's actions were motivated by discriminatory intent, which may be proved...
www.hr-guide.com/data/G701.htm
"Disparate impact" is a legal theory for proving unlawful employment discrimination. However, most actual cases use the "disparate treatment" theory. ... Disparate impact is the idea that some employer practices, as matter of statistics, have a greater impact on one group than on another.
www.lawmemo.com/101/2006/01/disparate_impac_1.html www.lawmemo.com/101/2006/01/disparate_impac_1.html
If the plaintiff can establish a disparate impact, the employer must demonstrate that the challenged practice is justified by "business necessity" or that the practice is "manifestly related" to job duties. The courts, between 1971 and 1989, used these two phrases interchangeably.
law.jrank.org/pages/6188/Disparate-Impact.html law.jrank.org/pages/6188/Disparate-Impact.html
Adverse impact - Wikipedia, the free encyclopedia
In US employment law, adverse impact , also known as disparate impact , is a "theory of liability that prohibits an employer from using a facially neutral employment practice that has an unjustifi...
en.wikipedia.org/wiki/Adverse_impact
Definition: DISPARATE IMPACT and Proportional Representation ... In Year 2000 racial politics, Disparate Impact means any test, job criterion, educational statistic, or crime statistic in which minorities are rated more poorly than whites. This concept is closely related to the concept of...
www.adversity.net/Terms_Definitions/TERMS/Disparate_Imp... www.adversity.net/Terms_Definitions/TERMS/Disparate_Impact.htm
THE CASE THAT ROARED: A Limited " Disparate Impact " Holding That Could Have Large Repercussions ... In such a circumstance, plaintiffs may pursue a disparate impact theory of liability to shift the burden to the city, to show that a high school diploma is a business necessity for a janitorial job — not just a...
writ.news.findlaw.com/lazarus/20010501.html
Some attorneys have taken the ruling to mean that "disparate impact" gender discrimination, too, cannot form the basis of a private lawsuit. That consequence does not automatically follow from the Court's ruling, however, and hastily filed motions for reconsideration in light of Sandoval may turn out to be meritless.
writ.news.findlaw.com/grossman/20010508.html
Some otherwise very knowledgeable and smart HR folks, and perhaps even lawyers, may have difficulty understanding the difference between disparate treatment and disparate impact. Indeed, in some old Supreme Court cases, the supreme court justices appeared to begin to merge the two concepts somewhat.
www.employmentblawg.com/2006/disparate-treatment-vs-dis... www.employmentblawg.com/2006/disparate-treatment-vs-disparate-impact/
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