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aving high school diploma on the city by following the disparate impact theory of liability to prove its business requirement – not just a ploy to single out certain groups of society from getting employment (Lazarus, 2001).
The Supreme Court first described the disparate impact theory in 1971, in Griggs v. Duke Power Co., 401 U.S. 424, 431-2 (1971): Title VII. It “proscribes not only overt discrimination but also practices that are fair in form, but discriminatory in operation. The touchstone is business necessity. . . . [G]ood intent or absence of discriminatory intent does not redeem employment procedures or testing mechanisms that operate as built-in headwinds for minority groups and are unrelated to measuring job capability.” In 1989, the Supreme Court minimized the defendant’s burden of proving business necessity to a burden of producing proof of business requirement in the case of Wards Cove Packing Co. v. Antonio, 490 U.S. Later, the Civil Rights Act of 1991 annulled that part of the Wards Cove decision (HR Guide 2001).
"Disparate impact" is a legal theory for proving unlawful employment discrimination. But in practice, “disparate treatment” theory is practiced. Disparate impact is a thought that some recruitment practices adversely impact a group or community of people than the others. In the example of US Supreme Court Title VII case on the issue of disparate impact, in a particular case of employing laborers, the applicants needed to be high school diploma holders. This condition weeded out more blacks than whites, although there was no such intention on the part of the employer to discriminate against blacks. But as a result of the condition, there was a disparate impact on a particular race (Runkel, 2006).
According to the Supreme Court, if the employees raise such a concern, the responsibility of proving the usefulness of the high school diploma lies with the employer, having “a manifest relationship to the employment in question.”
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(“Disparate Impact Essay Example | Topics and Well Written Essays - 2000 words”, n.d.)
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(Disparate Impact Essay Example | Topics and Well Written Essays - 2000 Words)
“Disparate Impact Essay Example | Topics and Well Written Essays - 2000 Words”, n.d. https://studentshare.org/miscellaneous/1539327-disparate-impact.
The theory of Disparate Treatment first came into judicial discourse in the Griggs v. Duke Power Co. During and after this case, the term “business necessity” became central to deciding such cases. If business managers treat minorities in a disparate manner in the absence of compelling business needs, then their action can be construed as discriminatory and in violation of provisions under Title VII.
It provides equal fortification against discrimination to Americans who have disabilities as the Civil Rights Act of 1964, which deals with judgement built around race, sex, religion and origin. Disability can be defined as impairment, physical or mental in nature that will significantly hinder a chief life activity.
It does not cover age discrimination or disability discrimination, which are covered by the Age Discrimination in Employment Act and the Americans With Disabilities Act.2 Companies that discriminate against people on the basis of these qualities can face severe legal repercussions under United States law.
These are the protected classes, which are covered with Title VII of the legislation (Loevy, 1997). The legislation protects these people’s rights to fair and equitable treatment, particularly within the workplace environment. Essentially, the 1964 legislation brought an end to unequal behaviors in various contexts, which included the workplace, in schools and public facilities.
It requires no more than a finding that a women (or a protected minority group members were with intentions treated differently because of their gender (or minority status.
Disparate impact claims do not need any proof of discriminatory intent. Disparate Impact means that an "employer engages in an employment practice or a policy that has a greater adverse effect on the members of a protected group, regardless of intent".
Examining an example can be useful in understanding disparate treatment. Two workers - say Jack and Jill - work at the same company. On Monday, both employees are absent from work. When they come to work on Tuesday, the boss fires only Jill, but not Jack.
ave alleged that Wal-Mart “consistently paid women workers at a rate that is under the rate paid to men who have analogous jobs, even though women have better performance records and more seniority.”
On the basis of these allegations and the observations of the district
Many jurisdictions in this regard have come up with regimes of laws to protect these vulnerable groups in terms of employment, labor and anti- discrimination laws. “Employment discrimination law refers to those laws that protect
s of a test that the firefighters had done after they realized that the pass rate of white firefighters was about 50% higher than that of blacks (Fish, 2009). This case was referred to as Ricci v. DeStefano. The key issues in this case, which will be defined in this essay were;