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. […]

Minimum Wage and Overtime Pay Extended to Home Care Workers

Minimum Wage and Overtime Pay Extended to Home Care Workers

On August 21, 2015 the Court of Appeals in Washington, D.C. ruled in favor of the Obama administration regulations on the minimum wage rates and overtime pay to home care workers who help the elderly and disabled. This ruling ends an exemption in federal minimum wage and overtime pay for nearly two million employees. Now for profit home care agencies must pay their employees at least minimum wage as well as minimum overtime wage, i.e. for the time worked in excess of 40 hours workweek at a rate of one and one-half times their hourly rates. This issue of paying minimum wage to home care workers has a long story. […]