compares % of minority and white workers in org with the % of corresponding group in labor market demonstrating that the employer's policy intentional/unintentionally excluded members of protected group the difference between the # of minority ind we would have expected to hire and whom we actually hire should be less than 2 SD (44) measure of dispersion of a set of data from mean (stat measure of variability) 4/5th rule = a selection rate less than 80% of the rate of the group with the highest rate is evidence of adverse impact (43) compare rejection rates for minority/other est EEOC guidelines on validation for procedures on employment practices Job's performance stds should be clear/unambiguous (so they know which employees perform better) if employer wants to test candidates for a job, employer must 1st clearly document/understand job's duties and repsonsibilites title vii does not forbid testing (test must be job related) business necessity is defense for program with adverse impactĥ. courts won't uphold if practice is "fair in form, discrim in operations"Ĥ.
employer's intent to discriminate is irreleventģ. a test/selection practice must be job relatedĢ.
* Burden of proof on employer (must show degree as necessity for job)*ġ. * Employment practice must be job related if unequal impact on protected class (arithmetic not req on job = don't test it)* * Discrimination does not have to be overt to be illegal (doesn't have to be intentional)* Griggs said HS grad required was illegally discriminatory, caused blacks to be rejected/not related to job success griggs = applicant for job as a coal handler Court decisions clarified court interpretation of laws
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