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Disparate Impact resides in many kinds of instances where cases of discrimination can be found. It can reside in the field of employment, health, and education (Bornholz & Heckman, 2004). In general, disparate impact is an inconsistency that violates the basic rights of an individual. This includes racial discrimination, unequal business/medical/education practices, age discrimination, and others. USCCR online defines "disparate impact" as follows.
The adverse effect of a facially neutral practice that nonetheless discriminates against persons because of their race, sex, national origin, age, or disability and that has not been shown to be job related and consistent with business necessity. Discriminatory intent is irrelevant in a disparate-impact claim.
The importance of giving attention to what disparate impact is, as well as its causes and effects, is to protect every citizen with their basic civil rights. Allowing the review and analysis of events where there is a claim and theory for disparate impact permits a room for justice and promotes equality to every individual. Disparate impact challenges the judicial system's responsibility to protect the people from any harm, bias treatments, and unfair events. For instance, in a case where an employer only selects applicants with no arrest records can be considered discriminatory to minorities because most of them are often times arrested by Caucasians due to racial discrimination. David Wright Tremaine explains the importance of disparate impact...
Here the focus is on the consequences of employment practices, rather than on the employer's motives.
Ruling and Reasoning of Court
Because disparate impact involves different types of cases involving a claim for justice, we can find different ruling and reasoning of court. All of which depends on the events and situations where an issue of disparate impact is being claimed.
One instance where a disparate impact claim can be approved in court is in the Age Discrimination in Employment Act (ADEA). The court rules that workers who are over age 40 can claim for a disparate impact without having to provide intentional discrimination evidences but by showing that their employer's company policy has unfair effects on them (DLA Piper Rudnick Online, 2005). However, according to DLA Piper Rudnick Online (2005), the court also rules a defeat for the disparate impact claim if there are reasonable factors from the defendant's employment policy and procedures that caused an unintentional discrimination.
" ... The Court held that such a claim may be defeated if the employer's policy, practice, or procedure is based on factors, such as seniority or position, that may be rationally related to a legitimate objective."
One example of which where…
Bibliography
Employment Discrimination.
Retrieved on June 21, 2005 from WSFB Online. Web site:
http://www.wsfb.com/Retro/employment_discrimination_law.htm
Supreme Court Gives Okay to Disparate Impact Claims under the ADEA.
http://dlapiperglobal.admin.hubbardone.com/files/upload/Emp_050404.htm
Retrieved on June 21, 2005, from Expert Law Online. Web site: http://www.expertlaw.com/library/employment/racial_discrimination.html
The policy required women to wear foundation, concealer, or powder, blush, mascara, and to make sure that they have lip color on at all times. Not only did women have to wear makeup, they were required to have a makeover by an image consultant. Once the employee and the image consultant had devised the employee's "personal best" look, then the employee's picture would be taken, and their appearance would
Smith et al. v. City of Jackson, MS, et al., No. 03-1160 (2005). In sum, this ruling allows employees to prevail in an ADEA claim against their employers without proving that the employer intended to discriminate based on the employee's age." (2006) In the second caser under review in this study, specifically a case of Dolores Oubre, in Louisiana whose employer, Entergy Operations, Inc., "instituted a new employee evaluation process
DUNLAP V. TENNESSEE VALLEY AUTHORITY Dunlap v. TVA Dunlap v. Tennessee Valley Authority (2008) Dunlap v. Tennessee Valley Authority (2008) Explain why the plaintiff's disparate impact claim failed? A claim of disparate impact implies that the employer (defendant) unintentionally discriminated against the job applicant (plaintiff) (Seiner, 2013, p. 287). Under Title VII, any hiring practice that is fair in form, but through its application is effectively discriminatory, is illegal (Dunlap v. Tennessee Valley Authority, 2008).
Tanglewood Case Study This report is meant to provide a summary and analysis of Tanglewood and its future respective to its hiring requirements, Equal Employment Opportunity (EEO) concerns and other similar human resources matters. Included in this report is a hiring need analysis, a gap analysis, an assessment of demographic hiring and promotion percentages, what could or should be done to address any inconsistencies or potential compliance problems and how the
The main defense to a disparate treatment lawsuit is that the plaintiff was not treated differently than similarly-situated people. An ancillary defense to a disparate treatment claim is that the plaintiff was treated differently, but that the discrimination is part of a bona-fide occupational qualification. Reasonable accommodation refers to the accommodations that an employer must provide to an employee under federal anti-discrimination laws. The term is most frequently used to
Three Strikes Law on the African-American Community Three Strikes legislation, which imposes sentencing enhancement on repeat offenders, often culminating with mandatory life sentences for third-time offenders, has gained popularity throughout the United States. The legislation began in California, where two highly publicized murders committed by convicted felons prompted an outcry against allowing recidivists to return to the community. California did see a decrease in crime rates following its institution of