11.4 Age Discrimination-Disparate Impact-Elements is a legal concept that refers to the potential for an employer to have practices or policies that appear to be neutral, but in reality, create a disproportionately negative effect on an employee or applicants of a certain age group. This type of discrimination is prohibited under the Age Discrimination in Employment Act (AREA) and Title VII of the Civil Rights Act of 1964. The elements required to prove a claim of disparate impact age discrimination are the following: 1. An employer policy or practice that is facially neutral. 2. A significant adverse impact on an individual or group based on age. 3. The employer’s refusal to make reasonable accommodations for age-related characteristics. 4. The employer’s refusal to engage in a meaningful dialogue to find alternatives to the policy or practice that would serve the same purpose without causing a disparate impact. 5. The employer’s willful refusal to implement any reasonable alternative to the policy or practice.
11.4 Age Discrimination-Disparate Impact-Elements is a legal concept that refers to the potential for an employer to have practices or policies that appear to be neutral, but in reality, create a disproportionately negative effect on an employee or applicants of a certain age group. This type of discrimination is prohibited under the Age Discrimination in Employment Act (AREA) and Title VII of the Civil Rights Act of 1964. The elements required to prove a claim of disparate impact age discrimination are the following: 1. An employer policy or practice that is facially neutral. 2. A significant adverse impact on an individual or group based on age. 3. The employer’s refusal to make reasonable accommodations for age-related characteristics. 4. The employer’s refusal to engage in a meaningful dialogue to find alternatives to the policy or practice that would serve the same purpose without causing a disparate impact. 5. The employer’s willful refusal to implement any reasonable alternative to the policy or practice.
