A lot of attention is given to intentional discrimination in the workplace, but a lesser-known cause of contention—and liability—is something known as “disparate impact discrimination,” according to Richard Cohen of Fox Rothschild. He says a recent federal lawsuit filed in Pennsylvania is bringing the concept to the forefront.
Disparate impact discrimination cases stem from standardized testing. Cohen explains that, “while courts have often held that although a standardized test may be neutral and nondiscriminatory on its face … the impact of such a test may disproportionately fall upon members of a protected class.” So although the discrimination wouldn’t be explicit, the impact can be found to be discriminatory.
