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The disparate impact theory is in contrast with disparate treatment provisions under civil rights laws as well as the U.S. Constitution's guarantee of equal protection. For example, if an hypothetical fire department used a 100-pound test, that policy might disproportionately exclude female job applicants from employment.
Smith v. City of Jackson, 544 U.S. 228 (2005), was a case decided by the Supreme Court of the United States on March 30, 2005. It concerned the Age Discrimination in Employment Act of 1967 (ADEA) and the disparate impact theory.
Justice Kennedy began his analysis by reviewing the historic development of disparate impact claims in federal law and concluded that Congress specifically intended to include disparate impact liability in a series of amendments to the Fair Housing Act that were enacted in the year 1988. [11]
On certiorari, the United States Supreme Court vacated the judgment of the Court of Appeals and remanded the case for further proceedings. Seven members of the Court (1) agreed that disparate impact analysis may be applied to allegedly discriminatory subjective or discretionary employment practices, and (2) agreed regarding certain aspects of the evidentiary standards applicable in such case
Griggs v. Duke Power Co., 401 U.S. 424 (1971), was a court case argued before the Supreme Court of the United States on December 14, 1970. It concerned employment discrimination and the disparate impact theory, and was decided on March 8, 1971. [1]
This analysis focuses on facially neutral policies that may have a discriminatory effect. Federal courts will allow claims to be made under the FHA on a disparate impact theory by analogizing the FHA to Title VII because they both share a goal of reducing discrimination. [18] However, courts are dividing on how they rule when it comes to ...
Respondents' policy would encourage race-based action at the slightest hint of disparate impact — e.g. causing employers to discard the results of lawful and beneficial promotional examinations even where there is little if any evidence of disparate-impact discrimination — which would amount to a de facto quota system, in which a "focus on ...
In 1977, there were height and weight restrictions (minimum 5’2”, 120 lbs) to be considered as an applicant for an Alabama prison guard. Such requirements ruled out Dianne Rawlinson, who brought forth a class action suit against the requirements under the disparate impact theory of Title VII.