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.
Not exact matches
Petrilli's misunderstanding
of the
law likely explains why his analysis overlooks the central question that
disparate impact analysis seeks to answer.
OCR has made its investigatory power so open - ended that it can look at everything and anything that goes on in a school, and it has created a
disparate impact standard so rigid that it can always find a violation
of federal
law.
Disparate impact theory originated in the world
of labor
law.
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 discriminati
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 discriminati
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.
The ACLU just put out a new study highlighting the incredible amount
of money spent enforcing marijuana
laws and even worse, the
disparate impact these
laws have on minorities across the country.
By contrast, a lawsuit about the
disparate impacts of the billable hour just might capture
law firms» attention.
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.»
Of course, it might also be hard to isolate race or gender as the determinative or motivating factor leading to the hiring of a given minority or female candidate in a specific instance and it would seem that both pattern and practice and disparate impact claims are not ideally suited for situations where males and whites still make up the majority of law firm employee
Of course, it might also be hard to isolate race or gender as the determinative or motivating factor leading to the hiring
of a given minority or female candidate in a specific instance and it would seem that both pattern and practice and disparate impact claims are not ideally suited for situations where males and whites still make up the majority of law firm employee
of a given minority or female candidate in a specific instance and it would seem that both pattern and practice and
disparate impact claims are not ideally suited for situations where males and whites still make up the majority
of law firm employee
of law firm employees.
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.
Some critics fear the change would have a
disparate impact on
law schools with significant numbers
of minority students, whom studies have shown traditionally don't do as well on standardized tests, which is also a concern
of the council.
They argue that this application
of the
law, and specifically the concept
of disparate impact, is a «quintessential example
of gross federal overreach.»
The Equal Employment Opportunity Commission (EEOC), which enforces federal
laws that make it illegal for employers to discriminate against an applicant based on race, color, religion, sex or national origin, has been quite aggressive (albeit mostly unsuccessful) in recent years suing employers for the use
of credit reports in employment screening claiming
disparate impact.
Craddock warned attendees that if their leasing policies disallow tenants who have committed a felony, it could have a
disparate impact on a certain group
of people — which is a violation
of fair housing
law.
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.
For instance, as Doug Chasick, CPM, president
of the Peachtree Corners, Ga. - based Fair Housing Institute Inc., told JPM for the March / April issue, «There's the knotty problem
of disparate impact, which essentially is a theory used in fair housing and labor
law that seeks to eliminate practices that adversely affect one group
of people
of a protected characteristic more than another, despite landlord rules that appear neutral.