The Employer’s Legal Advisor

Shielding Yourself from Charges of Discrimination

While an employer may lack an actual intent to discriminate, policies and practices that cannot be clearly related to “business necessity” may be alleged to have a disparate impact that has a discriminatory effect upon persons in a protected category. The disparate impact doctrine implies that unlawful discrimination took place because a particular rule or practice disproportionately affects persons in a protected class and cannot be justified by a reasonable, nondiscriminatory factor. The case just cited represents a perfect example of the disparate impact a rule or policy may have. Another example has been the requirement of a high school diploma when it could not be shown to be necessary (being ...