Workplace discrimination can occur in a variety of manners. Although employment
discrimination cases often focus on intentional acts of discrimination
– such as not hiring someone or firing someone because of their
race or gender – policies or actions that negatively impact a protected
group may also constitute discrimination. Called “disparate impact”
discrimination, this type of discrimination is also prohibited.
If you believe that you have suffered any form of employment discrimination,
consulting with an experiencedAtlanta employment discrimination law firm is important to provide you critical legal guidance and determine your
Several recent employment discrimination cases have evaluated policies
that appeared neutral but really had a disproportionately negative impact
on blacks and women. These cases provide good examples of policies that
appear “neutral” but may in fact constitute disparate impact
In one case, the city of Jacksonville, Florida required fire fighters
to take written examinations in order to be promoted. The EEOC asserted
that these tests had a negative and discriminatory effect on African-American
candidates. The EEOC also argued that the tests were not job related or
consistent with business necessity.
Another case filed last year against the NCAA challenged the associated
rule that permanently barred convicted felons from coaching in NCAA-certified
tournaments alleging that “Policies that categorically exclude individuals
with felony convictions are known to have a disparate impact on African-Americans.
… African-Americans are arrested, charged and convicted of drug
crimes at greater rates than whites, even though usage rates are similar.”
Further, a recent Pennsylvania case filed against the state police contends
that the physical fitness screening tests it uses to select applicants
for entry level state trooper positions is discriminatory against women.
The test required all candidate pass a 5-part physical fitness test. While
94% of the male applicants passed one version of the test, only 71% of
the females did. When the test was changed, 98% of the males and only
72% of the females passes. According to the lawsuit, the use of the physical
fitness tests were not job-related, nor consistent with business necessity.
For more information about employment discrimination, or if you believe
that you may have been treated unfairly at work as the result of a policy
or practice, please contact the experienced
Georgia employment discrimination lawyers at The Buckley Law Firm, LLC for an immediate consultation.