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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 ...
The disparate impact theory is in contrast with disparate treatment provisions under civil rights laws as well as the U.S. Constitution's guarantee of equal protection. For example, if an hypothetical fire department used a 100-pound test, that policy might disproportionately exclude female job applicants from employment.
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 ...
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]
Employment discrimination is a form of illegal discrimination in the workplace based on legally protected characteristics. In the U.S., federal anti-discrimination law prohibits discrimination by employers against employees based on age , race , gender , sex (including pregnancy , sexual orientation , and gender identity ), religion , national ...
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 ...
The order was part of a long history of the federal government using contracting rules to try to root out discrimination. Signed a year after the Civil Rights Act was passed, it explicitly ...
The same interests are at work in the interplay between the disparate-treatment and disparate-impact provisions of Title VII: Congress imposes liability on employers for unintentional discrimination, in order to rid the work-place of "practices that are fair in form, but discriminatory in operation."
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