Editor’s Note: This article originally appeared on Select International’s website.
The concept of adverse impact in hiring is rooted in language of Title VII of the 1964 Civil Rights Act, has been clarified by important U.S. Supreme Court decisions, and is specifically addressed in the Uniform Guidelines on Employee Selection Procedures. Three different agencies get involved in enforcing these employment laws:
- The Department of Justice (DOJ)
- The Office of Federal Contract Compliance Programs (OFCCP)
- The Equal Employment Opportunity Commission (EEOC)
Federal and State employment laws clearly prohibit intentional discrimination against people in a protected class – this would be disparate treatment. Disparate impact, however, is where we start talking about the concept of “adverse impact.”. This occurs when facially neutral employment practices negatively impact a selected group. A given practice may discriminate against a group even if the employer had no intention of doing so. It’s important to note that disparate treatment is intentional discrimination whereas adverse (or disparate) impact may or not be. Click here to continue>>
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