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Height and weight requirements have been identified by the EEOC as having a disparate impact on national origin minorities. [108] When defending against a disparate impact claim that alleges age discrimination, an employer, however, does not need to demonstrate necessity; rather, it must simply show that its practice is reasonable. [citation ...
[2] Where a disparate impact is shown, the plaintiff can prevail without the necessity of showing intentional discrimination unless the defendant employer demonstrates that the practice or policy in question has a demonstrable relationship to the requirements of the job in question. [3] This is the "business necessity" defense. [1]
The pros and cons of affirmative action have been discussed. Some believe discrimination does not exist at all, or even if it does, prohibiting it is enough; affirmative action is not needed. Some agree that some affirmative action is needed but they have considerations regarding the use of goals and timetables as they might be too strict.
For many, it is still seen as a tick-box exercise – an empty PR stunt to create the facade of a forward-thinking, inclusive company.
Gender Expression Non-Discrimination Act (2019) Sexual Orientation Non-Discrimination Act (2002) CROWN Act (2019) 2024 New York Proposal 1; Oregon Oregon Constitution, Article I, §46 (2014) CROWN Act (2021) Pennsylvania Pennsylvania Constitution, Article I, § 28 (1971), Pennsylvania Constitution, Article I, § 29 (2021) Rhode Island
[3] [4] If an employer met its burden by showing that its practice was job-related, the plaintiff was required to show a legitimate alternative that would have resulted in less discrimination. [5] Twenty years after Griggs, the Civil Rights Act of 1991 was enacted. The Act included a provision codifying the prohibition on disparate-impact ...
In the 1960s and ‘70s, employees began filing discrimination lawsuits with the EEOC, and many companies began incorporating diversity into their business strategies by providing diversity ...
The Act proscribes not only overt discrimination, but also practices that are fair in form, but discriminatory in operation. The touchstone is business necessity . If an employment practice which operates to exclude Negroes cannot be shown to be related to job performance , the practice is prohibited.