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PhillyGirl77
disparate_treatment_and_disparate_impact.pptxDisparate Treatment and Disparate Impact
Disparate treatment is an intentional decision to treat people differently based on their protected class status.
The most common discrimination complaints concern three protected classes: race, sex/gender and national origin.
Disparate Treatment
The person involved must be part of a protected class as defined by Title VII of the Civil Rights Act of 1964, ADA of 1990/ADAAA of 2008, and/or ADEA of 1967.
The person applied for and was qualified for a position that the employer was trying to fill.
Despite being qualified, the person was rejected or not hired.
The position remained opened and the employer continued to seek qualified applicants using the same qualifications as the original open position.
Evidence of possible disparate treatment includes:
The doctrine of disparate impact holds that employment practices such as hiring/placement, testing, interviewing, promotions, or other employment action might be considered discriminatory and possibly illegal if they have a disproportionate "adverse impact" on members of a minority group.
Adverse Impact is unintentional discrimination and looks at the effect of employment practices on a protected class, rather than motive or intent.
Griggs v. Duke Power Company - Landmark Case
Disparate Impact
(1) Evidence of a restricted policy
(2) Use of the adverse rejection rate, referred to as the 4/5th’s rule or the 80% rule
These measures are useful in determining adverse impact and are supported by all federal agencies as part of the “Uniform Guidelines on Employment Selection Procedures.”
Two Basic Ways to Show that Adverse Impact Exists
Step 1: Calculate the rate of selection for each group (# of persons selected from group divided by # of applicants from that group).
Step 2: Note the group with the highest selection rate.
Step 3: Calculate impact ratios by comparing the selection rate for each group with that of the group with the highest selection rate. (selection rate of group divided by the selection rate for highest group).
Step 4: Observe if any of the selection rates are less than 80% as compared to the highest group. If so, adverse impact is indicated.
Statistical Flow Analysis
http :// www.hr-software.net/EmploymentStatistics/DisparateImpact.htm
Scenario #1: The Write and Wrong Company had 100 applicants for their salesperson position.
One African-American man that was not hired and was highly qualified has filed a discrimination charge against the company.
Does this look like discrimination? Why or why not.
Statistical Flow Analysis Website and Example
