Disparate Impact Case Study
Title VII Paper
Tina Frank
MGT/434
October 13, 2014
Brian La Hargoue
Title VII Paper
IV. Disparate impact discrimination and disparate treatment discrimination
Guerin (n.d.) states, “Disparate impact is a way to provide employment discrimination based on the effect of an employment policy or practice rather than the intent behind it.” Disparate impact has neutral policies and practices that apply to not only unintentional discrimination, but also intentional discrimination. When trying to prove a disparate impact case, there are things an employee must gather. Employees must gather evidence that the employer is engaging in discrimination. Some of the criteria for proving a disparate impact case are tests, requirements for lifting, stamina and the subjective criteria which would be performance, collegiality, or impressions made. The first disparate impact case was the Duke Power Company, Griggs v. Duke Power Co. in 1971. In the Duke’s case the Supreme Court found that Duke was practicing Disparate Impact on African Americans that were qualified …show more content…
with employment practices but were not educated enough over the white employees.
Guerin (n.d.) states, “disparate treatment claim alleges that he or she was treated differently than other employees who were similarly situated and that the difference was based on a protected characteristic.” Disparate treatment is a discrimination claim that is alleged because of race, gender, age, or other traits.
Employees making a disparate claim must show that they were discriminated against over another employee of the same demographic as them. To prove a disparate treatment case, an employee must prove a certain type of case called the Prima Facie Case. This type of case must have evidence that proves the case. The types of evidence can be direct evidence, but mostly a prima facie case is proved by circumstantial evidence. There is a test that has four parts to it that the Supreme Court has laid out. These four tests depend on what type of decision has to be made. “The basic parts of the test
are:
The employee is a member of a protected class.
The employee was qualified for a job benefit.
The employee was denied the job benefit.
The benefit remains available or was given to someone who is not in the employee’s protected class.” (Guerin, n.d.).
When an employee starts a prima facie case, it is up to the employer to prove that the employee has no case. An employer must have a reason that the employee was not hired or promoted based on production or qualification for the job, not because of discrimination.
References
Guerin, L. (n.d.). Disparate Impact Discrimination. Retrieved from http://www.nolo.com/legal-encyclopedia/disparate-impact-discrimination.html
Guerin, L. (n.d.). Disparate Treatment Discrimination. Retrieved from http://www.nolo.com/legal-encyclopedia/disparate-treatment-discrimination.html
Tina Frank
MGT/434
October 13, 2014
Brian La Hargoue
Title VII Paper
IV. Disparate impact discrimination and disparate treatment discrimination
Guerin (n.d.) states, “Disparate impact is a way to provide employment discrimination based on the effect of an employment policy or practice rather than the intent behind it.” Disparate impact has neutral policies and practices that apply to not only unintentional discrimination, but also intentional discrimination. When trying to prove a disparate impact case, there are things an employee must gather. Employees must gather evidence that the employer is engaging in discrimination. Some of the criteria for proving a disparate impact case are tests, requirements for lifting, stamina and the subjective criteria which would be performance, collegiality, or impressions made. The first disparate impact case was the Duke Power Company, Griggs v. Duke Power Co. in 1971. In the Duke’s case the Supreme Court found that Duke was practicing Disparate Impact on African Americans that were qualified …show more content…
with employment practices but were not educated enough over the white employees.
Guerin (n.d.) states, “disparate treatment claim alleges that he or she was treated differently than other employees who were similarly situated and that the difference was based on a protected characteristic.” Disparate treatment is a discrimination claim that is alleged because of race, gender, age, or other traits.
Employees making a disparate claim must show that they were discriminated against over another employee of the same demographic as them. To prove a disparate treatment case, an employee must prove a certain type of case called the Prima Facie Case. This type of case must have evidence that proves the case. The types of evidence can be direct evidence, but mostly a prima facie case is proved by circumstantial evidence. There is a test that has four parts to it that the Supreme Court has laid out. These four tests depend on what type of decision has to be made. “The basic parts of the test
are:
The employee is a member of a protected class.
The employee was qualified for a job benefit.
The employee was denied the job benefit.
The benefit remains available or was given to someone who is not in the employee’s protected class.” (Guerin, n.d.).
When an employee starts a prima facie case, it is up to the employer to prove that the employee has no case. An employer must have a reason that the employee was not hired or promoted based on production or qualification for the job, not because of discrimination.
References
Guerin, L. (n.d.). Disparate Impact Discrimination. Retrieved from http://www.nolo.com/legal-encyclopedia/disparate-impact-discrimination.html
Guerin, L. (n.d.). Disparate Treatment Discrimination. Retrieved from http://www.nolo.com/legal-encyclopedia/disparate-treatment-discrimination.html