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Disparate Impact vs. Disparate Treatment. Disparate Impact vs. Disparate
Treatment What is the difference between Disparate ...
Disparate Impact vs Disparate Treatment Case Study. ... “Disparate impact” is a
legal theory for proving unlawful employment discrimination. ...
Disparate Impact & Disparate Treatment. ... The district court agreed, disallowing the
plaintiff's claim under the disparate impact theory of Title VII. ...
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impact while the other illustrates disparate treatment. ...
Disparate Impact. Disparate Impact Pashaun Management 434 October 25, 2005
Disparate Impact Disparate impact occurs when an employer ...
Submitted by wardawg on April 25, 2006
Category: Business
Words: 1600 | Pages: 7
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Disparate Impact/Disparate Treatment Case Study
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Disparate Impact/Disparate Treatment Case Study
Disparate treatment occurs when a protected class member is treated differently from others, whether or not there is discriminatory intent; whereas disparate impact occurs when employment decisions work to the disadvantage of all of the protected class members whether or not there is discriminatory intent. The EEO Title VII prohibits employers from treating employees differently because of their membership in a protected class. Likewise, Title VII prohibits the employer from using a facially neutral employment practice that has an unjustified adverse impact on all members of a protected class. Legal guidelines designed to identify disparate treatment/impact are, at best, vague (Hr Guide, 2005).
Cases originally filed as disparate treatment often become disparate impact cases by way of appeal after appeal. The disparate treatment case of Raytheon Company v. Hernandez is a good illustration of the aforementioned fact. Joel Hernandez worked for Raytheon (and its predecessor company) for 25 years until he tested positive for cocaine use. His drug use violated company workplace conduct rules, so the company gave him the option to resign or be involuntarily terminated. Hernandez resigned, and the company put a note in his personnel file, which stated that he quit in lieu of being fired for misconduct. Two years later, Hernandez reapplied to be rehired by Raytheon. He claimed to be rehabilitated. Raytheon, however, had a “no rehire” policy for former employees who had been terminated for workplace misconduct.
After Mr. Hernandez was rejected for rehire, he contacted the Equal Employment Opportunity Commission (EEOC) to claim he had been discriminated against in violation of the...
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