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Disparate Impact Versus Disparate Treatment

July 17, 2009
Related Topics: Discrimination and EEOC Compliance, Labor Relations, Performance Appraisals, Featured Article
Employers are advised that once a selection system is in place, it should be followed in the absence of evidence that the process violates the disparate-impact provisions of Title VII. Employers should consider adopting a fair system for awarding promotions, ensure the process is job-related and defensible, and evaluate alternative methods based on appropriateness and the impact on protected groups.
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