DISPARATE IMPACT

Some employment practices appear to be facially neutral, but are discriminatory because of the adverse effect they have on a protected class of persons. These practices may subject employers to liability under the disparate impact theory of discrimination.

In these cases, the employee does not need to prove that the employer had a discriminatory intent. Instead, the employee must establish that the employer had a policy that had a significant adverse impact on a protected class of persons and that the policy was not a business necessity.

Schedule a free consultation at Bracamontes & Vlasak, P.C., by calling 415.835.6777.

Identifying Employment Discrimination

For example, an employer who institutes a policy that uses higher salaries as a basis for terminating employees may commit age discrimination if that practice adversely impacts older workers as a group. This often happens when management tries to save money at the expense of senior workers.

Additionally, as another example, an employer who uses a minimum height and weight requirement as a basis for hiring decisions may constitute gender discrimination if those requirements adversely impact women, and again are not a business necessity.

Discrimination can be indirect and actual impact matters. Age discrimination and gender discrimination can take many disguised forms and the law has provided remedies. Contact a San Francisco employment attorney at BV Law today for a free consultation about your potential case. We are also available by telephone at 415.835.6777.