Disparate Impact

Question 1

Definition

Answer 1

An employment practice that has discriminatory consequences, even if there is no discriminatory intent, violates the anti-discrimination statutes.

occurs when a facially neutral policy nonetheless has a discriminatory effect

Question 2

Framework

Answer 2

To demonstrate a disparate impact claim, employees must identify an employment practice that is causing a disparate impact–using statistics comparing the qualified applicant pool to the workforce.

The employer must then demonstrate that the employment practice is job-related and consistent with business necessity. Even if the employer makes that demonstration, the employment practice violates Title VII if there is an effective alternative practice that does not cause a disparate impact and the employer refuses to use it.

Question 3

Griggs v. Duke Power Co.

Answer 3

case

Question 4

Wards Cove Packing Co., Inc. v. Atonio

Answer 4

case

Question 5

Albemarle Paper Co. V. Moody

Answer 5

case