LEB 323 Study Guide - Midterm Guide: Prima Facie, Disparate Impact, Protected Group
18 Jan 2018
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Discriminatory impact (disparate impact) particular employment rule or practice. Challenged employment practice was necessary to achieve an important business objective. P (cid:272)a(cid:271) still (cid:449)i(cid:374) (cid:271)y pro(cid:448)i(cid:374)g : feasible alternative for achieving important business objective, alternative can accomplish without discriminatory means, employer failed to use this alternative. Formal, systematic program cannot discriminate against nonminories on an isolated, ad hoc basis. Program is temporary or until hiring goals are reached. Does not completely bar hiring or promotion of nonminority workers. Does not result in actual firing of nonminority workers. Does not force employer to hire or promote unqualified workers. If program was court-ordered, must be based on evidence that there had been discrimination by employer in past. If program voluntary, must be based on either evidence of past discrimination or evidence that there has been substantial underutilization of minorities or women by employer.
