How Life Is Affected through Disparate Impact and Treatment

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Disparate impact and treatment on employees and employers

The Civil Rights act of 1964 along with Title VII gives employees the option to sue business owners based on color, race, sexual orientation, and religion. This act, rules on the fact, that individuals can take action if a discrimination or harassment issues happens at the employer’s workplace. It expands Civil Rights statues to provide more protection against people who are victimized due to discrimination. It sets the guidelines for job related issues due to disparate impact or treatment issues. However, this act does not assure that everyone who faces discrimination will be employed because frankly he is a minority. If it is felt that there is a possibility of discrimination in the workplace then a lawsuit might be possible. In order for an employee to present a disparate impact case, that individual must show proof that the company has violated the rules or practices regarding a particular group of people. Then the employee or employees would proclaim that the company treated them different than the other co-workers given the same situation. Situations such as physical fitness test, weight lifting, or running might be subject to a disparate impact allegation. Other factors may include written tests, academic tests, or different types of interviews. All these types of tests are up for debate.

1989 was a year that a lawsuit was filed by the Wards Cove Packing Company vs. Atonio, 490 U.S. 642, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989). It was believed that the skilled jobs were filled by whites who had little or no experience working in a cannery. The unskilled jobs went to the non-white workers. These skilled workers were natives of Alaska (Asian decent)....

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...n who has a child who is lame. But the company may turn around and hire a man with a lame child. It is believed that, if that woman is hired then most likely they will have to attend to their child more often. If the man is hired then most likely he will have someone else take care of the child. Sometimes the employer will ask different questions to women than they ask the men. Certain stereotypes may apply at some of these positions making a disparate treatment case. At times, an employer may think that a person might be untrustworthy person based on their looks. One other example can be a company that hires whites with D.U.I.’s. But when African American’s apply for the job with a D.U.I. then likely they will be disqualified.

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