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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 ...
Disparate impact in the law of the United States refers to practices in employment, housing, and other areas that adversely affect one group of people of a protected characteristic more than another, even though rules applied by employers or landlords are formally neutral.
To "reconcile" the supposed "conflict" between disparate treatment and disparate impact, the Court offers an enigmatic standard. Ante, at 20. Employers may attempt to comply with Title VII's disparate-impact provision, the Court declares, only where there is a "strong basis in evidence" documenting the necessity of their action. Ante, at 22.
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]
Justice Kennedy also argued that "[r]ecognition of disparate-impact liability under the FHA also plays a role in uncovering discriminatory intent: It permits plaintiffs to counteract unconscious prejudices and disguised animus that escape easy classification as disparate treatment."
On certiorari, the United States Supreme Court vacated the judgment of the Court of Appeals and remanded the case for further proceedings. Seven members of the Court (1) agreed that disparate impact analysis may be applied to allegedly discriminatory subjective or discretionary employment practices, and (2) agreed regarding certain aspects of the evidentiary standards applicable in such case
A group of nonwhite cannery workers including Frank Atonio filed suit in District Court citing Title VII of the Civil Rights Act of 1964 complaining that the Wards Cove Packing Company, a company that operated several Alaskan salmon canneries, was using discriminatory hiring practices that resulted in a large number of the skilled permanent jobs that mostly did not involve working in a cannery ...
In this section, two theories are laid out: disparate treatment and disparate impact. Disparate treatment is what most people commonly think of discrimination- intentional. Under this theory, the employee must belong to a protected class , apply and be qualified for a job where the employer was seeking applicants, and get rejected from the job.
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