Understanding disparate impact discrimination

| Dec 28, 2018 | Workplace Discrimination |

There are many ways in which California employees are protected from discriminatory practices. Many of the legal protections in place cover instances in which the employee has intentionally been discriminated against. For example, Title VII of the Civil Rights Act of 1964 makes it illegal for an employer or employee to intentionally discriminate against an employee because of a specific characteristic, such as their race or gender.

However, there can be times in which employees are negatively affected not by intentional discrimination, but by a systematic or regulatory procedure or rule that unfairly disadvantages a specific group. This type of discrimination is widely known as disparate impact discrimination.

How can I prove that I have been affected by disparate impact discrimination?

It can be very difficult to prove that you have been negatively affected by disparate impact discrimination. This is because disparate impact cases usually require studies and statistical analysis in order to be proven. However, if you can show compelling evidence for why you were discriminated against implicitly, you may be able to bring a successful claim before the courts.

What is an example of disparate impact discrimination?

A famous case of disparate impact discrimination is one in which a company required a high school diploma requirement when searching for employees. This meant that African-American applicants were excluded to a disproportionately high degree, even though the discrimination was not intentional.

If you believe that you have been affected by disparate impact discrimination, it is important that you take action to understand more about the law. The law regarding this type of discrimination can be very complex, so it is important that you conduct careful research.