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An important thing to note is that disparate impact is not, in and of itself, illegal. [20] This is because disparate impact only becomes illegal if the employer cannot justify the employment practice causing the adverse impact as a "job related for the position in question and consistent with business necessity" (called the "business necessity ...
Griggs v. Duke Power Co., 401 U.S. 424 (1971), was a court case argued before the Supreme Court of the United States on December 14, 1970. It concerned employment discrimination and the disparate impact theory, and was decided on March 8, 1971. [1]
Title VII of the Civil Rights Act of 1964 defines two types of discrimination: disparate treatment and disparate impact.The Equal Employment Opportunity Commission (EEOC), who has been enforcing Title VII since it came into effect in 1965, has the power to periodically issue an 'enforcement guidance' explaining how employers could use the backgrounds of potential employees (including their ...
Ricci v. DeStefano, 557 U.S. 557 (2009), is a United States labor law case of the United States Supreme Court on unlawful discrimination through disparate impact under the Civil Rights Act of 1964.
The workers appealed to the United States Court of Appeals for the Ninth Circuit, which reversed the District Court decision, stating the workers had made a prima facie case of disparate impact. The decision was based on statistics provided by the workers that showed a high percentage of nonwhite workers in the cannery jobs and a low percentage ...
Employment practices that do not directly discriminate against a protected category may still be illegal if they produce a disparate impact on members of a protected group. Title VII of the Civil Rights Act of 1964 prohibits employment practices that have a discriminatory impact, unless they are related to job performance.
Earnings differentials or occupational differentiation—where differences in pay come from differences in qualifications or responsibilities—should not be confused with employment discrimination. Discrimination can be intended and involve disparate treatment of a group or be unintended, yet create disparate impact for a group.
The alternative to a "disparate treatment" theory is a "disparate impact" theory. A disparate impact violation is when an employer is shown to have used a specific employment practice, neutral on its face but that caused a substantial adverse impact to a protected group, and cannot be justified as serving a legitimate business goal for the ...