disparate impact


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disparate impact

A legal doctrine in discrimination cases whereby the plaintiff demonstrates a type of discrimination that is perhaps not intentional, but which has the effect of barring certain citizens from full access to rights, property, or experiences. The courts may examine a policy that appears neutral on its face but which has a different (disparate) impact on a protected class than others. Once a plaintiff in a lawsuit proves that a disparate impact exists, the defendant must then prove there is a valid and nondiscriminatory reason for the statistical imbalance.

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27) However, a mechanical application of existing disparate impact doctrine will fail to meet the particular risks that workforce analytics pose.
In addition to the disparate impact on environmental justice communities, the pipeline has significant environmental impacts throughout its route, including the imminent threat of horizontal direction drilling (HDD) along major rivers in Florida, such as the Suwannee and Santa Fe Rivers.
500(c)(1), in order to establish a "prima facie showing of disparate impact," (83) the "charging party.
When discussing disparate impact most people think of racial discrimination, but there are 12 federally protected classes: race, color, religion, national origin, age, sex, pregnancy, citizenship, familial status, disability status, veteran status and genetic information.
Toomey questioned the agency's use of disparate impact, stating it was applying a novel new approach.
First, disparate impact claims may now be brought against lenders under an additional provision of the FHA.
If unsuccessful job-seekers can file disparate impact claims against employers, businesses will need to curtail bona fide hiring practices to the detriment of future job seekers.
What makes OCR's disparate impact analysis all the more remarkable is that it has already been soundly rejected by the Supreme Court.
As to the disparate impact claim, the Eleventh Circuit, sitting en banc, examined the pertinent section of the statute, which makes it "unlawful for an employer .
For example, is an employment policy that causes a one percent disparate impact an appropriate policy for redress through disparate impact litigation?
The Disparate Impact Fix: The Current Model Does Not Adequately Address Problems Faced by Formerly Incarcerated People 554 B.
Within this context, this Comment considers how implicit bias might be used as "social framework" evidence to substantiate an employee's disparate impact discrimination claim.