Adverse impact refers to employment practices that, while seemingly neutral, result in a discriminatory effect on a specific protected group. This occurs when a policy, decision, or practice disproportionately disadvantages individuals based on race, gender, or ethnicity. Importantly, adverse impact can happen even if there was no intention to discriminate.
This term is primarily used in employment law, particularly in cases involving hiring, promotions, and other employment decisions. Legal practitioners assess whether certain employment practices create an adverse impact on protected groups, which can lead to claims of discrimination. Users can manage related forms and procedures through resources like US Legal Forms, which offers templates for various employment-related legal documents.
Here are a couple of examples of abatement:
(hypothetical example) A company implements a new hiring test that is intended to assess job skills. However, the test results in a significantly lower selection rate for female candidates compared to male candidates. This could indicate an adverse impact, prompting further examination of the test's fairness and validity.
The primary federal law addressing adverse impact is Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin. The Equal Employment Opportunity Commission (EEOC) provides guidelines for assessing adverse impact in employment practices.
| State | Notes |
|---|---|
| California | State laws may impose stricter standards for proving adverse impact. |
| New York | Additional protections for various demographics may apply. |
| Texas | Adverse impact claims may have different procedural requirements. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Disparate Treatment | Intentional discrimination against individuals based on protected characteristics. |
| Disparate Impact | Similar to adverse impact, focusing on the effects of policies rather than intent. |
If you believe you have experienced adverse impact in your workplace, consider the following steps:
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Adverse impact refers to unintentional discrimination through policies, while disparate treatment involves intentional discrimination against individuals.