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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. Although the protected classes vary by statute, most federal civil ...
Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015), was a United States Supreme Court case in which the Court analyzed whether disparate impact claims are cognizable under the Fair Housing Act. [1]
There have been calls for HUD to use disparate impact as a measure of housing discrimination. HUD's disparate impact rule was strengthened in 2013 and upheld in a court case in 2015. However, in 2020, HUD issued its final disparate impact rule, which shifted the burden of proof of discrimination to the victims of housing discrimination. [18]
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]
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.
Disparate Treatment: An employer's policies discriminate based upon any immutable racial characteristic, such as skin, eye or hair color, and certain facial features; Disparate Impact : Although an employer may not intend to discriminate based on racial characteristics, its policies nonetheless have an adverse effect based upon race.