EsqSocial

The disparate impact theory has long been used to argue that an employer’s facially neutral policy has a detrimental effect on a protected class of individuals. An often cited example is the use of an arrest to reject an applicant for employment, which the EEOC and plaintiffs have argued has a disparate impact on minorities who statistically are arrested at a rate higher than their proportion in the general population....
By: Frantz Ward LLP