The Tribunal also took issue with HPARB's treatment of the complainant's allegation that the notations on the conditional certificates violated the Code, as HPARB dismissed the allegation as failing to make out any direct discrimination, but failed to address this allegation as one of
adverse impact discrimination (¶ 48).
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.»
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 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».
Doing so would also be an open invitation to the EEOC to look into your hiring practices to check for disparate
impact discrimination.
Otherwise, at some point you could be charged with disparate
impact discrimination.
If not tailored to specific job positions and used as part of a plan designed to guard against disparate
impact discrimination, background checks can lead an unwitting employer to violate federal anti-discrimination laws.
The key concept these laws operationalize is «disparate
impact discrimination,» a form of employment discrimination in which an otherwise neutral criminal history criterion is applied to exclude job applicants with the result being a disproportionate impact on members of an EEOC protected class.
The ALJ held that Ross committed direct and indirect discrimination against Hispanics, and disparate
impact discrimination...