A disparate impact is an employment law violation where an employer unintentionally discriminates against an employee. Under the Title VII of the Civil Rights Act, even if an employer has no intent to discriminate, if his actions prevent his workers from enjoying their employment rights and benefits, he will still be held responsible. The following are some of the most common examples of non-intentional discrimination or disparate impact:
- Height and weight requirements â If an applicant was not hired because of his low stature, it is considered discrimination.
- Written examinations â Written examinations are deemed unnecessary because it is the person's skill that matters.
- Educational requirements â Whether the job applicant has finished college or not, he should be included in the candidates for employment as long as he can perform the assigned task.
- Interviews â Some interview questions may become discriminatory in nature.
If you are an employee who is experiencing hardships at work because of your employer, you may take legal action and make him pay. Before filing a non-intentional discrimination complaint, here are some things you need to consider:
- You should first prove that the practice or system within the company affects a protected group where you belong â This requires a lot of research. You should be able to find documents stating that the program or activity within the company causes a hostile working environment for some of the employees, including you.
- Once you have proven the fault of the employer, he will be given a chance to justify his actions â After successfully proving your employer's fault, he would then try to provide his own proof showing that the actions, programs, and activities he imposed are a business necessity. He may also add that the "discriminatory actions" were needed to develop the skills of the employee.
After the employer gives a statement, you will be given another chance to accuse him of non-intentional discrimination. Overall, you have two chances to prove your boss's fault. Just look for an employment agency, such as the Equal Employment Opportunity Commission (EEOC), where you can file the complaint. Do not forget to hire an employment discrimination attorney to assist you in handling legal processes.
Discrimination is a serious type of offense against people. Whether the discriminatory actions were committed intentionally or non-intentionally, the responsible individual would still be held liable for any damages. This means employers should be very careful when imposing rules and regulations in the workplace.
This article is not meant to be interpreted as a legal advice. To know the available legal options regarding your case, consult an Employment Law Attorney for more information.