Discrimination claims in the employment context are nothing new. In fact, they come up all the time and threaten to derail a business’s profits and reputation. With that much at stake, it’s imperative that you know how to protect yourself from all types of allegations of discrimination, especially considering that not all forms of workplace discrimination are as blatant as you may think.
Disparate impact discrimination
One often-overlooked form of discrimination is disparate impact. Here, an implemented policy or practice unfairly affects those who are in a protected class. In most cases, this disparate impact in unintentional. However, in the eyes of the law, your business can still be found liable for any harm that has come from one of these discriminatory policies or practices, regardless of intent. If you find yourself on the receiving end of one of these claims, then you should be prepared to face off against statistics and witness testimony that paint your policies and your business in a bad light.
Defending against disparate impact discrimination
As overwhelming as the legal claim filed against you may seem, you might have some strong defense options at your fingertips. To start, you might be able to argue that there has been no disparate impact. You’ll need statistics of your own to support this proposition.
Another option is to argue that the policy in question is necessary for your business to function. A classic example of this is a hiring requirement that individuals be able to lift a certain amount of weight. This policy might disproportionately affect women, but if heavy lifting is a primary component of the job, then you’re much more likely to defeat a disparate impact discrimination claim.
Seek the help that you need to protect your interests
These are just a few of the tactics that you might be able to utilize in your disparate impact case. If you haven’t been hit with one of these lawsuits, then now may be the time to consider what you can do to prevent one from coming forward in the future. All in all, when facing issues related to workplace discrimination, you need to know how to competently and aggressively protect your interests. That’s why skilled law firms like ours stand ready to assist.