Policies regarding appearance, dress codes, and grooming standards can create disparate impacts based on sex or gender. For instance, overly restrictive dress codes may disproportionately affect one gender over the other, potentially leading to disparate impact claims.
Pregnancy-related policies require careful consideration to avoid a disparate impact on female employees. Employers should ensure that their policies regarding maternity leave, health insurance coverage for pregnancy-related conditions, and other pregnancy-related benefits are fair and non-discriminatory.
Recent Developments
The Supreme Court’s decision in Bostock v. Clayton County extended Title VII protections to LGBTQ+ individuals, potentially expanding disparate impact considerations. This ruling emphasizes the need for employers to review their policies and practices to ensure they are inclusive and do not disproportionately affect LGBTQ+ employees.
Compensation and promotion practices should be regularly analyzed for gender-based disparities that may indicate disparate impact. Employers should conduct regular audits to identify and address any disparities in compensation, promotion rates, or other employment practices.
Employers should evaluate whether seemingly neutral policies regarding work schedules, leave, or benefits create disparate impacts based on sex or gender. For example, policies that require long hours or inflexible scheduling may disproportionately affect employees with caregiving responsibilities, who are often women.
Identifying Potentially Problematic Workplace Policies
Disciplinary policies in the workplace are crucial for maintaining order, but they can also inadvertently lead to disparate impact liability if not carefully crafted.
