Disparate Impact and How to Avoid It

Disparate Impact and How to Avoid It

In Griggs v. Duke Power Co., 401 U.S. 424 (1971) the US Supreme Court dealt with a specific situation when seemingly neutral employment policies led to discrimination in the workplace . The Court ruled that the employer violated the law when the company required that all applicants in order to qualify for a job or transfer should have a high school diploma or to pass a standardized general intelligence test. As a result of that employment practice, Afro-American candidates were disqualified in much higher numbers than Caucasian candidates, i.e. it had a disparate impact. The problem was that the hiring practice was not “significantly related” to a successful job performance. […]

What is discrimination in the workplace threshold?

What is discrimination in the workplace threshold?

We know that federal laws prohibit employers from discriminating against their employees. But what is discrimination in the workplace threshold, i.e. when a certain kind of treatment actually becomes discrimination? When one would know that he or she was treated illegally and could seek legal protection against discrimination? Title VII of the Civil Rights Act of 1964 made it illegal for employers to discriminate against their employees on the basis of sex, race, color, national origin, and religion. This rule applies to “compensation terms, conditions, or privileges of employment,” i.e. basically to everything related to hiring and firing, compensation and benefits, retirement plans, disability leave, classification of employees, transfer and […]