Title VII of the Civil Rights Act of 1964 serves as the primary statutory foundation for disparate impact liability in employment. Although the text of Title VII does not explicitly mention disparate impact, the Supreme Court has interpreted the law to prohibit practices that disproportionately harm protected groups.
Key Provisions and Applications
The Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, and national origin in all aspects of employment. This includes hiring, firing, promotion, compensation, training, and all other terms and conditions of employment.
Title VII applies to employers with 15 or more employees, including private sector employers, government agencies, and labor organizations. The statute also created the Equal Employment Opportunity Commission (EEOC) to enforce federal laws prohibiting workplace discrimination.
Understanding Title VII‘s requirements is essential for developing workplace policies that avoid disparate impact liability. Employers must be aware of the potential impact of their employment practices on protected classes.
The impact of certain employment practices can be significant, leading to unintended discrimination. For instance, a policy that seems neutral on its face can have a disproportionate impact on certain groups, thereby violating Title VII.
By carefully analyzing employment practices and policies, employers can mitigate the risk of disparate impact liability. This involves regularly reviewing policies to ensure they are fair and do not disproportionately affect protected groups.
Protected Classes Under Disparate Impact Theory
Employers must be aware of how their policies disproportionately affect employees based on sex and gender to comply with anti-discrimination laws. Disparate impact theory is crucial in identifying and addressing policies that may seem neutral but have a disproportionate impact on certain groups.
Sex and Gender Considerations
Sex and gender discrimination under disparate impact theory addresses policies that disproportionately disadvantage employees based on their sex or gender identity. Physical requirements that disproportionately screen out female applicants must be job-related and consistent with business necessity to avoid liability.
