What Every Employer Needs to Know About Unintentional Disparate Discrimination
Post date
May 23, 2018
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This insight is by Ogletree Deakins authors: Sarah Smith Kuehnel (St Louis), Harrison C. Kuntz (St Louis), R. Lance Witcher (St Louis)
Under a court’s “disparate impact” or “adverse impact” analysis, a plaintiff can prevail in a lawsuit by establishing an employer’s policy or practice affects members of the protected group so disproportionately that the court can infer discrimination from that impact."