Way back on July 29, 2011 we wrote that an Oklahoma jury had awarded $20,000 in damages to a devout Muslim job applicant refused hiring by Abercrombie & Fitch when she appeared for an interview wearing a headscarf, or hijab, which she wore for religious reasons.  Abercrombie & Fitch argued that it has what it

Statistics, competing interests, job-relatedness and business necessity — all this and more from two experienced attorneys who have provided invaluable commentary on our post this week on “disparate impact” discrimination.

We wrote that “While courts have often held that although a standardized test may be neutral and non-discriminatory on its face, and therefore demonstrate no

A new federal lawsuit filed in Pennsylvania prompted us to re-visit the concept of “disparate impact” discrimination, which many employers are unfamiliar with.

What is “Disparate Impact” Discrimination?

Discrimination comes in two sizes – intentional discriminatory treatment, and “disparate impact” discrimination. Intentional discriminatory treatment probably needs little explanation or examples at this point since

Last year we discussed a number of cases brought by the EEOC against employers relating to harassment of farmworkers — the most vulnerable workers, according to the EEOC’s strategic enforcement plan.   We quoted the EEOC general counsel in relation to the settlement of an “appalling” sexual harassment suit: “It is one of the EEOC’s national

Fulfilling a promise it made in its recent strategic plan, the EEOC has launched two highly-publicized lawsuits over the use of criminal background checks in the hiring process, alleging that they discriminate against African-Americans.  A little background is in order.

Disparate Impact Theory

We have described the theory of “disparate impact” on a number of

A new federal Title VII lawsuit was just filed in California alleging that the NCAA’s 2011 rule which permanently bars, among other things, convicted felons from coaching in NCAA-certified tournaments, discriminates against African-Americans.  See Hardie v. National Collegiate Athletic Association et al, 3:13-cv-00346 (S.D. Ca).

The complaint alleges that “Policies that categorically exclude individuals with

Three Democratic New Jersey state senators have introduced a bill called “New Jersey’s Opportunity to Compete Act,” which seeks to eliminate disclosure of criminal history on job applications.   Supporters of the bill contend that criminal background checks have a disproportionate impact on minority communities. 

Said one senator:  “One in four Americans has

A federal judge has just approved a new entry-level firefighters test for New York City, which has the largest firefighting force in the country.  

The new test, known as Exam 2000, was developed after a federal judge in 2009 found a disparate impact relating to the existing exam. The judge appointed a Special Master to oversee the creation

On May 14th we wrote about the concept of “disparate impact” discrimination.  While courts have often held that although a standardized test may be neutral and non-discriminatory on its face, and therefore demonstrate no discriminatory intent, nonetheless the impact of such a test may disproportionately fall upon minorities, and therefore be found to be discriminatory,