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Do you know how to avoid disparate impact discrimination?

On Behalf of | Jun 30, 2023 | Employer Law (Employer)

 Workplace discrimination claims are as common today as they have ever been. Workers are becoming more aware of their rights, which means that you as an employer need to do everything you can to ensure that you’re abiding by the law and protecting those workers’ rights, otherwise you might end up on the receiving end of an employment discrimination lawsuit.

Be cognizant of disparate impact discrimination

A lot of employers make the mistake of thinking that workplace discrimination is intention and blatant, and it’s thus easy to avoid. Yet, even seemingly neutral, harmless policies and practices may lead to accusations of discriminatory impact.

In other words, if you’re not careful, then you may unintentionally create a policy or practice that disproportionately impacts a protected class of workers, thereby leading to claims of workplace discrimination.

How can you avoid disparate impact discrimination?

To fully avoid disparate impact discrimination, you’ll need to take a comprehensive look at your business practices. Some steps that you can take, though, include:

  • Analyzing job descriptions to ensure that requirements are directly related to the position and work duties in question.
  • Structuring interviews, which may include asking the same questions of all candidates.
  • Developing a fair, neutral, and understood promotion policy.
  • Reviewing termination practices to ensure they’re not disproportionately impacting people of a certain protected class.
  • Educating your management team about how to identify disparate impact discrimination.

What if you’ve already been accused of workplace discrimination?

If you’ve already been accused of workplace discrimination, then now is the time to start building your defense. You’ll need a command of the facts and a firm understanding of the law, otherwise you might be putting your business’s finances and its reputation on the line. That’s why you shouldn’t hesitate to act to protect your interests.