What Is Disparate Impact Discrimination

Disparate impact discrimination refers to policies (often employment policies) that have an unintentional and adverse effect on members of a protected class. It is a legal theory derived from Title VII of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment. Lawsuits based on disparate impact seek to change procedures that seem neutral in their language and structure but harm particular groups in practice. Key Takeaways: Disparate Impact Discrimination Disparate impact discrimination occurs when a policy has an unintentional, adverse effect on members of a protected class, even if the policys language seems neutral.The Supreme Court first used disparate impact discrimination as a legal theory during Griggs v. Duke Power Company (1971).The existence of disparate impact is sometimes established through the four-fifths (or 80 percent) rule.Disparate Impact has been codified in Title VII of the Civil Rights Act since 1991.Unlike disparate impact, disparate treatment refers to a purposeful discriminatory action. Origins of the Disparate Impact Theory Disparate impact discrimination arose from Title VII of the 1964 Civil Rights Act and was coined by the Supreme Court in the 1971 case, Griggs v. Duke Power Company. Title VII of the 1964 Civil Rights Act Title VII of the Civil Rights Act of 1964 introduced regulations against unlawful employment practices. These regulations prohibit discrimination on the basis of race, color, religion, sex, or national origin. The provisions extended to employers, employment agencies, labor organizations, and training programs. Title VII covers both the public and the private sector and is enforced by the Equal Employment Opportunity Commission (EEOC). Under Title VII of the Civil Rights Act of 1964, an employer or group (as described above) cannot: take negative employment action (failing to hire, choosing to fire, or discriminating) against an individual because of the individuals race, color, religion, sex, or national origin;limit, segregate or classify employees in a way that negatively impacts their employment opportunities because of their race, color, religion, sex, or national origin. Griggs v. Duke Power Company Griggs v. Duke Power Company (1971) was the Supreme Court case that established disparate impact discrimination. The Supreme Court had to decide whether it was legal for the Duke Power Company to use aptitude tests to restrict promotions and transfers within the company. The company claimed that it used the tests to ensure that all of its workers were well-educated. In practice, however, the tests kept the company segregated, preventing black employees from transferring to departments that offered higher pay. The Supreme Court ruled that these tests violated Title VII of the Civil Rights Act of 1964 because they were unrelated to job performance and had a disparate impact on black workers. Although the language of the companys policy was neutral and not explicitly discriminatory, the policy had an adverse effect on a protected class; thus, the theory of disparate impact discrimination was established. Disparate Treatment vs. Disparate Impact In simple terms, disparate treatment refers to the actions of an employer, whereas disparate impact refers to the policies or procedures implemented by an employer. Disparate treatment occurs when an employer purposefully discriminates against an employee because that employee is a member of a protected class. In order to prove disparate treatment, an employee must show that they have been treated differently from other employees because of that protected class status. On the other hand, disparate impact occurs when an employer implements a policy that seems neutral but that has adverse effects for members of a particular protected group. In order to prove disparate impact, employees must show that their employers neutral policy has a disproportionate negative impact on members of their protected class. The Four-Fifths Rule The four-fifths rule (sometimes called the 80 percent rule) is a technique for determining whether disparate impact exists in a given scenario. Pioneered by the Equal Employment Opportunity Commission in 1972, and codified in Title VII in 1978, the rule examines the selection rate for hiring, firing, or promotion. The four-fifths rule states that the protected class may be adversely impacted by the employment decision if the selection rate of the protected class is less than four-fifths (80 percent) of the selection rate of the non-protected group. However, the four-fifths rule is only a rule of thumb and cannot be used as absolute proof of disparate impact discrimination. Example An employer receives 100 applications from women and 100 applicants from men. The employer selects 40 women and 80 men from the application pool. In order to determine whether the selection ratio demonstrates a policy that adversely impacts female applicants, follow these steps: Step 1: Determine the selection rate for each group. The selection rate for women is 40/100, or 40%. The selection rate for men is 80/100, or 80%. Step 2: Determine which group has the highest selection rate. In this example, the male group has a higher selection rate than the female group. Step 3: Divide the protected class selection rate by the highest selection rate. To determine whether the protected class selection rate is at least 80% of the non-protected class rate, divide the protected class selection rate by whichever selection rate is higher. In this case, the male groups selection rate is higher, so well divide the female groups rate by the male groups rate. 40% divided by 80% is 50%, meaning that the female groups selection rate is 50% of the male groups selection rate. 50% is significantly less than 80%, which suggests that women may be adversely impacted in this hiring process if the company does not have a legal reason for the difference in ratio. Disparate Impact Discrimination and the Supreme Court The following Supreme Court cases represent some of the most significant legal developments related to disparate impact discrimination. Washington v. Davis (1976) Washington v. Davis limited the legal theory of disparate impact. The Supreme Court ruled that plaintiffs cannot bring disparate impact claims on a constitutional basis under the Fourteenth Amendment Equal Protection Clause. Ward’s Packing Cove v. Antonio (1989) Ward’s Pack Cove v. Antonio shifted the burden of proof in a disparate impact lawsuit from the respondents to the plaintiffs. According to the majority opinion, in order to prevail in a Title VII claim, plaintiffs need to demonstrate: specific business practices and their impact;that the practice is not necessary to conducting business; andthat the company refused to adopt different, non-discriminatory practices   Two years later, Title VII of the 1991 Civil Rights Act, which officially added disparate impact to the act, removed the condition of Wards Packing Cove that required plaintiffs to prove that an employment practice was not necessary to conducting business. However, it failed to provide plaintiffs with a process for legally showing disparate impact discrimination. Ricci v. DeStefano (2009) In Ricci v. DeStefano, the Supreme Court ruled that employers taking discriminatory actions in order to avoid a disparate impact lawsuit need a strong basis to prove that not taking the action would, in fact, result in such a lawsuit. The case arose from a police departments claim that they promoted black candidates over white candidates, even when white candidates test scores were higher, because they feared being subject to a disparate impact liability if they promoted more white candidates based on test scores. According to the Supreme Court, the department did not have a strong enough basis to claim that their discriminatory action was necessary. Sources â€Å"Disparate Impact: Unintentional Discrimination.†Ã‚  American Bar Association, 26 July 2018, www.americanbar.org/groups/young_lawyers/publications/the_101_201_practice_series/disparate_impact_unintentional_discrimination/.â€Å"Title VII of the Civil Rights Act of 1964.†Ã‚  U.S. Equal Employment Opportunity Commission, www.eeoc.gov/laws/statutes/titlevii.cfm.Guerin, Lisa. â€Å"Disparate Treatment Discrimination.†Ã‚  Nolo, 27 June 2013, www.nolo.com/legal-encyclopedia/disparate-treatment-discrimination.html.Griggs v. Duke Power Co., 401 U.S. 424 (1971).Ricci v. DeStefano, 557 U.S. 557 (2009).Tobia, Kevin. â€Å"Disparate Statistics.†Ã‚  The Yale Law Journal, vol. 126, no. 8, June 2017, www.yalelawjournal.org/note/disparate-statistics.Washington v. Davis, 426 U.S. 229 (1976).Wards Cove Packing Co. v. Atonio, 490 U.S. 642 (1989).

Diversity And Public Administration By Harvey L. White And...

In the book entitled, Diversity and Public Administration by Harvey L. White and Mitchell F. Rice , White and Rice (2010) stated challenges will form from changes in demographics which are affecting the demands of delivery and visions of products and services. Since 2000, minority population has increased dramatically. In result of minority population increasing, public organizations have a more diverse work environment. In the workplace, diversity can be a benefit. According to the article entitled , â€Å"Advantages and Disadvantages of Diversity in the Workplace† by David Ingram, Ingram(2015) stated that by have a diverse workplace allows the company to utilize their employees’ cultural difference to strengthen the organizations’ productivity. Another advantage of diverse workplace is that it increase employee’s personal growth. By employees being expose to cultural difference and new ideas, this allows employees to have global perspective on how to conduct business (Ingram,2015). Diversity can also have disadvantages in the workforce. One of the disadvantages is the ability of employees to respect each other cultural differences. Diverse workplace has to endure several challenges and issues. One of the challenges of organizations having diverse working environment is gerontology. Managers concerns with workers being older is that they do not have ability to learn and adjust to new policies and methods. In the public organizations, age is a challenge becauseShow MoreRelatedStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 PagesTitle. 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A Single Youth Culture Essay Research Paper free essay sample

A Single Youth Culture? Essay, Research Paper Youth civilization and young person subcultures have been a topic of research since the early 1930s. It is most surely true today that there is non one remarkable young person civilization but a assortment of different young person subcultures. The 90 # 8217 ; s can non be described as the same as the 60 # 8217 ; s or 70 # 8217 ; s or even the 80 # 8217 ; s.There are many grounds put frontward by sociologists for this such as there are more manners available today, media influences us more and there is a higher disposable income per family to pass on manners. This paper will research the grounds behind the being of young person civilizations in old old ages and why the same format has non occured in the 1990 # 8217 ; s. Defining # 8216 ; youth # 8217 ; can be hard and is described in the Concise Oxford Dictionary as: # 8220 ; the province of being immature, the period between childhood and grownup age # 8221 ; # 8211 ; Oxford Dictionary ( 1990 ) . This would bespeak that young person is described as an age group and people can be distinguished by the different age groups. However, it could be questioned that non all kids stop being kids at the same clip. Frith describes youth as # 8220 ; non merely an age group, but the societal organisation of an age group # 8221 ; Sociologists of young person, harmonizing to Frith, describe young person civilization as # 8220 ; the manner of life shared by immature people # 8221 ; . Subculture, as defined in the Concise Oxford Dictionary, is a # 8216 ; cultural group within a larger civilization frequently holding beliefs or involvements at discrepancy with those of the larger civilization # 8217 ; . This would connote that a subculture is a subdivision of a national civilization ; it exists between the parametric quantities of certain civilizations. TalcottParsons saw youth subcultures normally holding of import positive maps in easing the passage from childhood to full grownup life in matrimony and occupational position. It would look that the bulk of people leave these young person subcultures at some latter point, frequently at the point of matrimony, therefore Parsons theory could be justified. Empirical observation carried out by sociologists find that youth sub-cultures have a distinguishable single manner. They have certain ways of dressing ( i.e. places, vesture and hairdos ) , talking ( i.e. slang ) , listening to music and assemblage in similar topographic points i.e. rockerss at race meetings and bars and ravers at dance nines or out-of-door raves. It is so assumed that shared activities reflect shared values. Firth states that # 8220 ; civilization is all learned behaviour which has been socially acquired # 8221 ; To concentrate on the rockerss of the 60 # 8217 ; s seems suiting. This was one big young person civilization and still exists is a smaller subdivision of society. It could be said that non all rockerss today portion the same values and bask the same activities as do the 60s manner of rockerss. This could be because members of the subculture interrupt away from a peculiar group or neer # 8216 ; join # 8217 ; in the first topographic point. Age could hold deductions here ; the passage from young person to grownup may find how long a member stays in one peculiar subculture. Although there are discrepancies of bike-boys they were loosely from a working category background and were seen as foreigners and lone wolfs linked by the love of motor-bikes and heavy stone music. Their manner was masculine and their visual aspect was aggressive. The motor-cycle cogwheel looked tough with its leather he-man, jean and heavy leather boots. Hair was worn long in a oily swept-back manner and many were tattooed on the custodies, weaponries and thorax. A typical eventide for the motorcycle male childs would dwell of substitutions of the same activities: a drink and a game of darts in their local saloon, a game of pinball and a java in the java saloon and general horseplay and yak in a nine. Paul Willis conducted an ethnographic survey of a group of rockerss during the 70s and described the group as being about all male and from typical working category backgrounds. The composing of Willis # 8217 ; s group revealed members working backgrounds included scaffolders, foundry workers, pupils, a milkman and a figure of unemployed. However, it could be argued that today # 8217 ; s rockerss come from a assortment of category and professional backgrounds from bricklayers to bankers. In Britain, the general frights about immature people and young person subcultures have been focused on working category young person manners. The immature people concerned, harmonizing to Frith # 8220 ; come from working category households and vicinities, have a on the job category experience of turning up, in lower watercourse of school and leave every bit shortly as possible frequently going unemployed or traveling through a sequenc e on dead-end jobs. # 8217 ; This appeared to be the instance in Willis # 8217 ; s survey which seemed to follow a Marxist position. However different young person groups are from each other, i.e. rockerss as opposed to the more # 8216 ; recent # 8217 ; ravers, they appear to shock # 8217 ; straight # 8217 ; society and are frequently labelled pervert or delinquent. Young person has been seen as a # 8217 ; societal job # 8217 ; for at least one hundred old ages. Analysis of youth civilization in Britain has been influenced chiefly by Marxist idea. Marx believed all civilizations are produced by # 8217 ; societal conditions # 8217 ; and that these # 8217 ; societal conditions # 8217 ; depend upon societal category and the jobs societal category provides ; age, harmonizing to Marx, was besides a subscriber. It is just to state that societal conditions have greatly improved in Britain since the 1960 # 8217 ; s and societal category seems about a thing of the past with John Major # 8217 ; s # 8216 ; classless society # 8217 ; and Tony Blair claiming that we are # 8216 ; all in-between category # 8217 ; . If a youth civilization is attatched to a societal category and societal categories are now partially disintegrated so this explains why there has been no significant young person civilization in a decennary. Although rockerss, as a subculture, still exist today, it would look that alterations have been made as to the composing of members within the subculture ; their values, beliefs and shared activities. The # 8216 ; ravers # 8217 ; from the 1880ss are a good illustration of another post-war young person civilization. During the late 80s, immature people with bandanas, brilliantly coloured apparels and a deranged expression in their eyes were being presented as the following young person subculture. For the ravers ( besides known as clubbers ) the shared experience is go toing a rave and perchance taking rapture which has become synonymous wi th the rave civilization. This is frequently the lone thing ravers have in common with each other unlike other subcultures. These parties, where extended usage of stroboscope lighting and psychedelic imagination was used, were attended by immature males and females stereotypically dressed in loose-fitting outsize Jerseies, path suits and loose-fitting denims. The apparels were comfy, brilliantly gap oured and cheap. The intensive dancing to fast beating music, along with the use of hypnotic drugs, went hand-in-hand. This style of clothing suited excessive body movement, however, this fashion style began to change. With interest coming from the fashion industry, the style began to change and evolve. Baggy clothes for girls were replaced by tight body-hugging outfits made of materials such as lycra emphasising appearance rather than comfort and practicality. It is difficult to define the common experiences that lead people to go to raves. It could be that many youths wanted a form of ‘escapism’ to get away from the norms of every day life or problems like unemployment. Most ravers only attend raves or clubs at the weekend; it could be argued that rave is more a leisure pursuit as opposed to a subculture. Ravers appear to cut across all social divisions, classes, gender and age. Unlike the 60s bikers, ravers are not exclusive to the working class, the unemployed or d ominated by male members. It is difficult to make analogies between the common experiences of an eighteen year old student and a thirty year old computer analyst both attending raves on a Saturday night Willis argues that the age of spectacular subcultures are gone for good. This is because there are so many style and taste cultures which offer young people different ways of expressing their identity. He claims that there is too much diversity for any single youth subculture to dominate society. The growth of capitalist culture and leisure industries has meant that all young people now have access to the cultural resources they need to engage in ’symbolic creativity’ in their leisure time. Basically, youth culture has become complicated. There are so many different theories now that they could easily come into doubt. It would seem that, when comparing the two different subcultures, that patterns and common beliefs differ and have changed over the last 20 years. Bikers had a tighter sense of belonging to their subculture than the more recent ravers. Society appears to be so complex now; there seems to be a wider social system with changes in class, occupational structure, neighborhood structure and family and leisure patterns. Today’s youth subcultures point to an interweaving of style with gender, class and age which follows a more contemporary outlook as opposed to some of the classic theories. Under post-modern conditions, identities appear to be in a constant state of change: individuals move freely from one sub-cultural group and enthusiasm to another; they mix and match what were formerly distinct categories like the 60s bikers. Style, enjoyment, excitement, escape from boredom at work or play, being attractive to ones self have now become central life concerns. Media also plays a great part in the prevention of a nw youth culture forming. Nowadays young people have access to the ‘back catalogue’ of previous forms of musi c and subcultural styles through television stations and magazines. Subcultural dress now becomes a matter of surface style. Furthermore, during the 1980s, market researchers began to change ways in which they saw the various groups of consumers. This change in the way in which consumption patterns are perceived by market researchers from being seen as influenced by socio-economic class to being seen as influenced by life-cycle stages. Mike Featherstone has written: â€Å"The term life-style is currently in vogue. While the term has a more restricted sociological meaning in reference to the distinctive style of life of specific status groups, within contemporary consumer culture it connotes individuality, self expression, and a stylistic self-consciousness. Ones body, clothes, speech, leisure pastimes, eating and drinking preferences, home, car, choice of holidays, etc. are to be regarded as indicators of the individuality of taste and sense of style of the owner/consumer. In contr ast to the designation of the 1950s as an era of grey conformism, a time of mass consumption, changes in production techniques, market segmentation and consumer demand for a wider range of products, are often regarded as making possible greater choice (the management of which becomes an art form) not only for the youth of the post 1960s generation, but increasingly for the middle aged and the elderly†¦..we are moving towards a society without fixed status groups in which the adoption of styles of life (manifest in choice of clothes, leisure activities, consumer goods, bodily disposition) which are fixed to specific groups have been surpassed. It is also worth noting that in recent years the subcultures that have occured have been seen to be deviant such as the skinheads, ravers, football ‘hooligans’ and punks. Two different, yet similar, deviant groups can be used to describe the entire deviant subculture. Those who classify themselves as punks and anarchists are o ne type and those that spout â€Å"free love† and peace (hippies) are another type of deviant subculture. The first group chooses to be social outcasts because of a hatred of norms. This group attempts to destroy society and with it the means for bettering it. They believe in a type of anarchy that stems from loathing toward excepted values and refuse to get jobs or even conform to society in the most basic ways. Hippies on the other hand choose a method of peace and tranquility, believing that people should all love one another and anarchy would be beautiful if everyone could simply understand how to live at peace with themselves and nature. Although both groups believe in anarchy one chooses hate and aggression to show their views while the other uses love and passive resistance to demonstrate theirs. Both of these groups have a very specific and useful function in a society. They both show the need for change in a radical way, acting as a catalyst for social change. Howeve r, nowadays it is valid to say that there are other ways of expressing our hatred of norms. There are political parties and pressure groups to join, there are a number of relaxational therapies available and the use of psychologists is much more widespread. All hope of meaningful cultural activity is denied; young people face a future in which any genuine radicalism is quickly incorporated into the commercial marketing system and used to sell more commodities. Although there are a number of subcultures left in today’s society such as ’surfies’, ‘townies’ and people who follow the grunge movement, there is no singular youth culture left.