How Companies Discriminate Through Disparate Impact Policies

Companies in California have various job requirements for certain positions. They could require a certain level of education, job experience, flexibility with work hours and many other types of requirements. These job requirements are applied to every worker who is either trying to get hired or be promoted. On the surface, these requirements seem fair and it is assumed that everyone will be treated the same.

However, certain requirements automatically eliminate some people from the job. It could be because they do not have the required education or experience, but, sometimes, the policies will specifically eliminate people from a certain class more than other classes. This is a form of workplace discrimination.

When policies eliminate people in this fashion, it is known as a disparate impact policy. These policies seem neutral on their face, but actually discriminate against a certain class of people. When trying to prove disparate impact, it generally depends on the percentage of individuals in a certain class that are qualified compared to the percentage that are qualified from a different class. For example, if only 25% of individuals from a protected class qualify, but 75% from a different class qualify, it could demonstrate that the policy has a disparate impact.

While most job requirements are meant to ensure that an individual is going to be able to do the job, there are some that prevent people of a certain class from obtaining the position. People who are the victims of the policies may be entitled to compensation. Experienced attorneys understand these difficult cases and may be a useful resource.