Page 4 - The Leadership Line: March 2021

Compliance: Disparate Treatment/ Adverse Impact

Title VII and other discrimination laws prohibit intentional discrimination “because of” protected characteristics like
race, age, gender, or disability. We can easily imagine instances of intentional discrimination—a sexist manager refusing
to hire female applicants, a racist manager refusing to promote qualified minorities, and the list goes on. This is known as
disparate treatment.

Did you know some employer practices have been found to be discriminatory even when unintentional? This is
known as disparate or adverse impact. The main issue with disparate impact is that many employers believe they’re
being fair by applying consistent standards for all. However, these practices may be advantageous for certain groups and
disadvantageous for others.

What to ask.

Any time a personnel action or personnel policy is likely to impact a significant number of
applicants or employees, ask these questions:

» What is the business reason for this policy or action? Is it sound? Is it documented? Will
it be understood by individuals outside the circle of decisions-makers?

» Is there an alternative policy or action that could produce the desired result? If so, has it
been considered?

Spring Observances

March

* Women’s History Month

* Developmental Disabilities Awareness Month

* Irish American Month

April

* Arab American Heritage Month

* Autism Awareness Month
* National Volunteer Month

* Month of the Military Child