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Disparate Impact

Submitted by dscb7 on December 19, 2005

Category: Social Issues
Words: 909 | Pages: 4
Views: 173
Popularity Rank: 61,737
Average Member Grade: N/A (Add a Comment / Grade this Paper)

Disparate Impact

Disparate impact discrimination occurs when an employer uses a system by which discrimination is not intended, but by using this system, members of a protected class are negatively affected. This could include height or weight restrictions, testing, or educational requirements that are unrelated to measuring an employees' competence in doing a particular job. In EEOC v Dial Corp., S.D. Iowa, No. 3-02-CV-10109, 2/3/05 the federal district court ruled that Dial Corporation's strength test that they gave prior to employment at the Armour meat packing plant had a disparate impact against women. This ruling will help companies take a look at the current tests or requirements and see if there are any alternate ways of screening applicants so the test is directly related to the job task.
Screening
A screening test is any test that evaluates applicants and can be anything from written tests, to physical fitness tests. These tests can be done legally as long as the screening requirements reflect the nature of the job. For instance, a written test may not have anything to do with a manual labor job and running a mile in 10 minutes may have nothing to do with the job that is open. In most cases, these tests help companies make sure that the prospective employee has the knowledge and ability to do the job. In this case, Dial required applicants to move rods that are weighted from one platform to slots on another platform. This test was supposed to be approximately the same as the job in question, which required lifting 35-pound rods of sausage repeatedly 65 inches off the floor. This test was implemented, according to Dial, for safety reasons to keep employees from injuring themselves. Before this test was implemented almost half of the people hired were women and the injury rates for both male and female employees were "virtually identical" (EEO: Sex Discrimination, 2005). After the test was put into place, the...

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