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Which of the following is a neutral requirement that is likely to result in disparate impact? A physical strength test is likely to discriminate against certain classifications unless it can be shown to be job related and necessary.A common and simple example of “disparate impact” discrimination is when an employer has a policy that it will only hire individuals who are a certain minimum height or who can lift a certain minimum weight. Courts have found height restrictions disproportionately impact women and certain races.Disparate impact occurs when policies, practices, rules or other systems that appear to be neutral result in a disproportionate impact on a protected group.
What are some examples of disparate impact?
A common and simple example of “disparate impact” discrimination is when an employer has a policy that it will only hire individuals who are a certain minimum height or who can lift a certain minimum weight. Courts have found height restrictions disproportionately impact women and certain races.
What constitutes a disparate impact?
Disparate impact occurs when policies, practices, rules or other systems that appear to be neutral result in a disproportionate impact on a protected group.
Disparate Impact
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Which of the following is an example of disparate treatment?
Disparate treatment refers to intentional discrimination, where people in a protected class are deliberately treated differently. This is the most common type of discrimination. An example would be an employer giving a certain test to all of the women who apply for a job but to none of the men.
What does disparate treatment require?
An employee making a disparate treatment claim must show, well, disparate treatment. In other words, the employee must show that he or she was treated differently than other employees who don’t share the same protected characteristic.
What is disparate impact quizlet?
Disparate impact refers to unintentional discrimination, the discriminatory effects of apparently neutral employment criteria.
Is adverse impact the same as disparate impact?
As a phenomenon, both are experienced by groups that should have been protected from discrimination. Disparate impact, however, is a legal concept, ff which adverse impact is one of the elements. Adverse impact is the direct result of disparate impact.
Where does disparate impact come from?
The theory of disparate impact arose from the Supreme Court’s landmark decision in Griggs v. Duke Power Co. (1971), a case presenting a challenge to a power company’s requirement that employees pass an intelligence test and obtain a high-school diploma to transfer out of its lowest-paying department.
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Employment Law Test 1 Flashcards | Quizlet
Which of the following is a neutral requirement that is likely to result in adverse impact? a) race b) language requirement c) physical strength d) b and c
Disparate impact – Wikipedia
Disparate impact in United States labor law refers to practices in employment, housing, and other areas that adversely affect one group of people of a protected … A facially neutral employment practice is one that does not appear to be …
Disparate Impact Discrimination | Nolo
Disparate impact lawsuits claim that an employer’s facially neutral practice had a discriminatory effect. … By Lisa Guerin, J.D.. Disparate impact is a way to …
Section VII- Proving Discrimination- Disparate Impact | CRT
The regulations task agencies to take a close look at neutral policies that disparately exclude minorities from benefits or services, or inflict a …
What is the standard for determining disparate impact quizlet?
The four-fifths rule states that a test has disparate impact if the hiring rate for the minority group is less than four-fifths (80 percent) of the hiring rate for the majority group.
What is disparate impact and disparate treatment?
The difference between disparate impact and disparate treatment is that disparate treatment is intentional discrimination, while disparate impact is unintentional.
What is disparate treatment quizlet?
Disparate Treatment. A form of intentional discrimination in which an employee is hired, fired, denied a promotion, or the like, based on membership in a protected class (as listed in the CRA (Civil Rights Act), such as race, color, religion, sex, or national origin). This is a form of intentional discrimination.
HR Basics: Disparate Impact
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What is disparate treatment in human resources?
Disparate treatment, also known as adverse treatment, occurs when an employer treats an employee unfairly compared to other employees based on the person’s personal characteristics, especially with regard to protected classes.
What is adverse impact in human resources?
Adverse impact refers to employment practices that appear neutral but have a discriminatory effect on a protected group. Adverse impact may occur in hiring, promotion, training and development, transfer, layoff, and even performance appraisals.
How can we prevent disparate impact?
- Understand the four-fifths rule. …
- Conduct a thorough job analysis. …
- Write inclusive job descriptions. …
- Use structured employment interviews.
How do you prove disparate impact?
To establish an adverse disparate impact, the investigating agency must (1) identify the specific policy or practice at issue; (2) establish adversity/harm; (3) establish significant disparity; [9] and (4) establish causation.
What is the 4/5 Rule adverse impact?
The Four-Fifths rule states that if the selection rate for a certain group is less than 80 percent of that of the group with the highest selection rate, there is adverse impact on that group.
Which of the following groups would not fall under the broad definition of protected classes quizlet?
Which of the following groups would not fall under the broad definition of protected classes? Women. Individuals protected by federal equal employment opportunity laws include all of the following except: Homosexuals.
What qualifies as a bona fide occupational qualification?
A bona fide occupational qualification (BFOQ) is a legally allowed restriction of hiring and employing a person based on their sex, religion, or national origin.
What is disparate impact in real estate?
Disparate impact refers to a policy or practice which is neutral on its face, but which disproportionately affects a group of people defined by one of the fair housing laws’ protected characteristics, without a legitimate business necessity for the practice, or where there is a less-discriminatory alternative.
Which of the following is true in cases based on claims of disparate treatment?
Which of the following is TRUE in cases based on claims of disparate treatment ? The plaintiff must prove that the defendant intentionally discriminated.
A Guide to Adverse Impact For HR Practitioners
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Does disparate impact require intent?
Disparate impact contrasts with disparate treatment. A disparate impact does not require a showing of intention, whereas a disparate treatment is an intentional decision to treat people differently based on their race or other protected characteristics.
What is disparate impact statistics?
In disparate impact cases, the term is used in two notably different ways. One is to refer to a “magnitude inquiry,” an analysis of the magnitude of a result supported by statistical evidence—for instance, the size of the effect indicated by a statistically significant finding.
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