Title VII of the Civil Rights Act of 1964 has two theories of liability – disparate treatment which involves intentional discrimination and disparate impact that occurs when there is unintended discrimination resulting from a neutral policy and there is not a business necessity for the policy. For example, a height requirement in order to be hired for a position might have a disparate impact on women and could be found to be discriminatory unless it was related to the job and consistent with business necessity.
On April 23rd, President Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy” that attacks discrimination based on disparate impact. What is the impact of the executive order and how should employers respond?
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