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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.
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]
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]
The alternative to a "disparate treatment" theory is a "disparate impact" theory. A disparate impact violation is when an employer is shown to have used a specific employment practice, neutral on its face but that caused a substantial adverse impact to a protected group, and cannot be justified as serving a legitimate business goal for the ...
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.
Disparate impact is a facially neutral housing policy that negatively impacts minorities or other protected groups of people. [31] The Supreme Court upheld the decades long practice of holding housing providers liable for housing discrimination under a disparate impact theory in 2015. [32]
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
In this section, two theories are laid out: disparate treatment and disparate impact. Disparate treatment is what most people commonly think of discrimination- intentional. Under this theory, the employee must belong to a protected class, apply and be qualified for a job where the employer was seeking applicants, and get rejected from the job ...