To understand disparate impact, it is helpful to review how it differs from disparate treatment. Disparate impact is different from disparate treatment in that the former results when an employer’s facially “neutral policy or practice” disproportionately harms a protected group (e.g., based on race, sex, age, or disability) and cannot be justified as a business necessity. Disparate impact claims, grounded in statutes like Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), focus on unintentional discrimination, unlike disparate treatment, which involves intentional bias.
Key Elements of a Disparate Impact Claim:
- To file a disparate impact claim, an employee or employees must provide evidence that a policy or practice is discriminatory:
- The plaintiff must show disproportionate impact, typically through statistical evidence, that a specific policy or practice adversely affects a protected group more than others. For example, a hiring test might disproportionately screen out women or minorities.
- The plaintiff must link the policy or practice to the observed disparity aka evidence to support causation.
- If the plaintiff establishes a prima facie case, the employer must prove the policy is job-related and consistent with business necessity.
- If the employer justifies the policy, the plaintiff can still prevail by showing a less discriminatory alternative exists that meets the employer’s needs.
Examples of disparate impact may include a height/weight requirement for a job that disproportionately excludes women, unless justified, or, it may be a pre-employment tests that disproportionately fails minority candidates, unless validated as job-related. It is important to work with an experienced employment law attorney if you believe you have suffered an adverse employment action due to discriminatory policies or practices in the workplace.
Remedies to Disparate Impacts
Employers must review policies (e.g., hiring criteria, promotions, layoffs) for unintended bias, conduct adverse impact analyses, and explore alternatives. Employees or applicants can challenge practices through EEOC complaints or lawsuits, often as class actions.
Consult with an Experienced Employment Discrimination Lawyer Today
It is possible to pursue both disparate impact and disparate treatment claims simultaneously. Both types of claims are recognized under federal laws such as Title VII of the Civil Rights Act, which prohibits discrimination based on race, color, sex, national origin, and religion, among other protected characteristics. It is important to discuss your situation with an attorney experienced in employment discrimination law to understand the specific requirements and strategies for pursuing claims effectively. Contact Attorney Alan C. Olson & Associates for immediate assistance at 262-785-9606.
