What if a Job Policy or Criterion Adversely Affects a Certain Class of Employees?
Sometimes, an employer¿s policies adversely affect employees based on their sex, race, or other protected characteristic. The policies or criteria may seem neutral, but end up having a disproportionate outcome on members of different protected classes. In legal terms, this kind of policy has a ¿disparate impact¿ on members of one protected class as compared to another. For example, a minimum weight requirement for a job may violate anti-discrimination laws because it would exclude a disproportionate number of women, as women generally weigh less than men.
Can the Employer be Liable Even if It Doesn¿t Intend to Discriminate?
Yes. Even if the employer does not intend to discriminate, he or she can still be held liable for employment discrimination if a policy disproportionately affects different groups of protected people.
Can an Employer Defend its Policy?
An employer can defend these types of policies if he or she can show that they are job-related and consistent with business necessity. If not, a seemingly neutral policy that has a disproportionate effect on different classes may be unlawful.
What about Tests for Screening Job Applicants?
Employers can use tests to screen applicants so long as they are job-related. If a test operates to deny an extraordinarily large number of minorities it may be illegal.
How Do I Prove that a Policy or Criterion is Discriminatory?
The first step is to use statistics to show that the practice or selection criterion has an adverse impact on a protected group. If the employer can offer a valid defense of the policy, the next step would be to show that there are alternate means of achieving the same result.
Do I Need a Lawyer for my Discrimination Claim?
Because of the complicated procedures involved with employment discrimination claims, an experienced employment lawyer can be very helpful. An employment lawyer can help you prove disparate impact and represent you in court. |
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