New Hampshire Jury Instruction - 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge - Failure To Promote General Instruction
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FAQ
Disparate impact, also known as adverse impact, is a form of indirect and often unintentional discrimination whereby certain hiring criteria disproportionately favor certain groups over other groups.
Disparate impact means the selective adverse effect of a facially neutral law, requirement, or process, which lacks any relevant justification, on individuals belonging to a legally protected group. Federal statutes and regulations authorize the use of disparate impact analysis to identify unlawful discrimination.
The analysis is as follows: (1) the plaintiff must establish a prima facie case of discrimination; (2) the employer must then articulate, through admissible evidence, a legitimate, nondiscriminatory reason for its actions; and (3) in order to prevail, the plaintiff must prove that the employer's stated reason is a ...
Indirect or circumstantial evidence of illegal discrimination includes proof of a set of circumstances that allows the jury to reasonably believe that some impermissible factor, such as a person's age, race, color, religion, sex, marital status, gender identity or expression, national origin or physical or mental ...
Types of Discrimination Age Discrimination. Disability Discrimination. Sexual Orientation. Status as a Parent. Religious Discrimination. National Origin. Pregnancy. Sexual Harassment.
Disparate impact means the selective adverse effect of a facially neutral law, requirement, or process, which lacks any relevant justification, on individuals belonging to a legally protected group. Federal statutes and regulations authorize the use of disparate impact analysis to identify unlawful discrimination.
To establish an adverse disparate impact, the investigating agency must (1) identify the specific policy or practice at issue; (2) establish adversity/harm; (3) establish significant disparity; [9] and (4) establish causation.
Example of disparate impact: hiring more men than women as construction workers as a result of physical height or strength (unintentional discrimination).