Sentences with phrase «disparate impact discrimination»

The ALJ held that Ross committed direct and indirect discrimination against Hispanics, and disparate impact discrimination...

The EEOC has issued guidance that requires employers to take specific steps to avoid disparate impact discrimination against protected classes.

The intriguing results of a highly - publicized EEOC lawsuit highlight that if the EEOC is to win a judgment against an employer for disparate impact discrimination, it must use valid statistical methodology to prove «disparate impact».

In as much as the legal battle on the issue of disparate impact discrimination is going to continue, the EEOC likely has too much at stake to pull back.

The social objectives in this push seem as important as the nuanced legal issues regarding disparate impact discrimination.

This case was one of the first jury trials ever to focus on claims of disparate impact discrimination.

According to the court, the plain language of the ADEA clearly indicated that the law was intended to stop discrimination, including disparate impact discrimination, «based on age, not forty - and - older identity.»

Not exact matches

In fact, eliminating the use of disparate impact would have the salutary effect of forcing OCR to focus on actual, provable discrimination, instead of letting it skate by with spurious uses of statistical disparities.

Critics of disparate impact have long pointed out that the doctrine actually compels discrimination, since remedying any disparities caused by neutral policies requires racial quotas and classifications.

The opinion held that under the Fair Housing Act, plaintiffs can bring «disparate impact» claims of discrimination even when the alleged discrimination is unintentional (see «Disparate Impact Indeed,» legal beat, Fadisparate impact» claims of discrimination even when the alleged discrimination is unintentional (see «Disparate Impact Indeed,» legal beat, Fall impact» claims of discrimination even when the alleged discrimination is unintentional (see «Disparate Impact Indeed,» legal beat, FaDisparate Impact Indeed,» legal beat, Fall Impact Indeed,» legal beat, Fall 2015).

But in June 2015 the Supreme Court, in a Texas housing case, bolstered the departments» position by holding that statistical evidence of «disparate impact» of policies across racial groups could be used as evidence of racial discrimination by a government agency.

It's equating «disparate impact» with «racial discrimination.»

The package included a «Dear Colleague» letter, issued jointly by DOE and DOJ, warning against intentional racial discrimination but also stating that schools unlawfully discriminate even «if a policy is neutral on its face — meaning that the policy itself does not mention race — and is administered in an evenhanded manner but has a disparate impact, i.e., a disproportionate and unjustified effect on students of a particular race.»

How about school discipline and the use of «disparate impact» gauges to determine whether discrimination is occurring?

This includes restoring rules allowing Office for Civil Rights investigators to look at years of past complaints against districts to determine patterns of discrimination, hiring more investigators to look into patterns of disparate impact, and even requiring states such as Maryland to implement stronger rules against overuse of harsh discipline.

Pressing the education system to pay more attention to high achievers (or high - ability youngsters capable of becoming high achievers) is easily depicted as elitist in a country where «top one percent» has become almost a curse and any number of civil - rights advocates and enforcers are poised to allege discrimination and «disparate impact» at the drop of a hat.

Using the ECOA as the basis of potential enforcement, the CFPB and Dept. of Justice, employing what is called disparate impact, are looking at potential patterns of discrimination, not individual cases in their enforcement actions.

The bureau indicates a flat fee might eliminate dealers potentially charging higher loan rates to so - called protected classes of borrowers, such as minorities, creating what the government calls a form of discrimination referred to a disparate impact.

The group in a letter to the Consumer Financial Protection Bureau asks it to address its alleged bias and error in an analysis it uses to determine whether disparate impact, or unintentional discrimination, exists in a lender's portfolio.

The racially discriminatory potential of employment credit checks is the key reason that civil rights organizations such as the NAACP, the National Council of La Raza, the Leadership Conference on Civil and Human Rights, and the Lawyers Committee for Civil Rights under Law have publicly opposed the use of employment credit checks.13 In general, civil rights law mandates that employers justify the appropriateness of an employment practice if it creates a disparate impact on a group historically subject to workplace discrimination.

This seemingly benign process may be having a disparate impact on the diversity of those hired, leading to a claim of racial discrimination.»

However, disparate impact has not yet been admitted as a general doctrine of discrimination law.

Some of the most common are wrongful termination, discrimination, retaliation, violations of the Family Medical Leave Act, violations of the Fair Employment and Housing Act, Violations of the California Family Rights Act, privacy breaches (e.g. disclosure of a medical condition to someone who did not need to know), contract breaches, unfair bargaining and / or union and labor law disputes, unpaid wages, unpaid overtime, failure to pay minimum wage for all hours worked, failure to provide proper pay stubs, failure to pay for unused vacation days upon resignation or termination, failure to pay for all hours worked within 72 hours of quitting, failure to pay for all hours worked immediately upon leaving when the employee gives fair notice or resignation to the employer, failure to keep adequate records, failure to produce employment records upon request, failure to provide wage and pay information upon hiring, misclassification of an hourly employee as an exempt employee, misclassification of an hourly employee as an independent contractor, work place bullying, sexual harassment, disparate impact, disparate treatment, class actions for failure to pay wages and over time, class actions for failure to provide meal and rest breaks, and class actions for failure to reimburse employees for expenses.

Even if there were some disparate impact, any indirect discrimination could be justified on the same grounds as art 8 [75].

The AG considered that indirect discrimination encompasses instances, where a practice has a disparate impact on a protected group but also causes «collateral damage».

In its ruling, the court might throw into question the constitutionality of disparate - impact claims more broadly, from bank lending practices to employment discrimination.

Michelle regularly handles disputes involving alleged harassment, wrongful termination, and retaliation, as well as matters alleging disparate impact or pattern and practice discrimination.

Reviewing policies and procedures and identifying issues that might support a disparate impact or «pattern and practice» claim of discrimination;

The Equal Employment Opportunity Commission (EEOC) issued a letter August 29th that defends its use of the concept of «disparate impact» in combating employment discrimination.

Tags: background screening, disparate impact, EEOC, employment discrimination, individualized assessments

She warns of unintended disparate impact and links to two Office of Federal Contract Compliance Programs (FCCP) suits as examples that allege discrimination from referral programs that disproportionately favored some groups over others.

Known as «disparate impact» discrimination, the problem is that blanket policies may disproportionately exclude protected classes (based on racial groups, gender, or one of several other categories) from employment because the reason for exclusion is more common in a certain group.

It can not be said, and the government has not demonstrated in either its submissions to the CERD Committee or its submissions to the present Committee, that the disparate impact of the four abovementioned sets of provisions can be justified by reference to the aims of CERD ie to overcome racial discrimination and to protect the cultural identity of Indigenous people.

The Committee is concerned by reports of the disparate impact of this law on indigenous groups, and reminds the State party that the Convention prohibits direct as well as indirect discrimination.

A differentiation of treatment will not constitute discrimination if the criteria for such differentiation, judged against the objectives and purposes of the Convention, are legitimate or fall within the scope of Article 1, paragraph 4 (special measures)... In seeking to determine whether an action has an effect contrary to the Convention, it will look to see whether that action has an unjustifiable disparate impact upon a group distinguished by race, colour, descent or national or ethnic origin.

This answer does not acknowledge that the prevention of discrimination clearly includes discrimination that may be unintentional, but which nevertheless still a disparate impact.

The Supreme Court ruled that a party may prove violations of the federal Fair Housing Act by either showing intentional discrimination or that the challenged practice had a disparate impact on protected classes.

The legal concept is called disparate impact and, ever since the federal Fair Housing Act was enacted in 1968, all federal courts of appeal have interpreted the law to mean an entity can get sued for housing discrimination if its actions have a disparate impact on a protected class, regardless of intent.