Sometimes workplace discrimination is so blatant that it’s unbelievable. But this isn’t always the case. In fact, in a lot of instances, discrimination is cloaked in justifications that may seem appropriate at first glance. This is the situation with disparate impact discrimination, which you should be aware of, especially if you think that workers in a protected class may be negatively impacted by a workplace policy.
What is disparate impact discrimination?
Disparate impact discrimination occurs when a policy or practice that is neutral on its face disproportionately impacts those of a protected class when it is put into practice. This type of discrimination is oftentimes identified as “unintentional,” but the consequences for workers can be significant. In fact, disparate impact discrimination can affect a worker during any stage of the employment process, from hiring and firing to promoting and giving raises. Therefore, you need to know how workers pursue disparate impact cases so that you can protect your business as fully as possible.
The weaknesses of workers’ claims
Proving a disparate impact discrimination case can be challenging for workers. After all, a lot of people who are harmed by these policies don’t take action because they think that they can’t take action given the “unintentional” nature of these policies. They oftentimes don’t gather the statistics that they need to build their claim, too, which is usually required to show a disparate impact.
Defending your business
Depending on the circumstances, you might have several ways to defend your business against these kinds of claims. One of the most common is arguing that the policy addresses a business necessity, such as being able to lift heavy items. But there’s a lot at stake in these cases for your business, which is why you need to be fully aware of your defense options. So, put in the research and the work that is necessary to ensure that you’re protecting your business interests as fully as possible under the circumstances.