Discrimination rule of thumb
If a selection procedure screens out a protected group, the employer should determine whether there is an equally effective alternative selection procedure that has less adverse impact and, if so, adopt the alternative procedure. In the case Ricci v. Although the protected classes vary by statute, most federal civil rights laws protect based on race, color, religion, national origin, and sex as protected traits, and some laws include disability status and other traits as well. Top Bottom. Why six points? City of Los Angeles F.
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Avoiding Adverse Impact - Avesta
Several other states have formally or informally declined to adopt or consider adoption of the rule. Access the Full Modern Archive. Gender Reassignment. State courts, such as the Oregon Supreme Court, have expressly held that the CSA preempts state medical marijuana laws —meaning employers in the State of Oregon, for example, may still terminate an employee for off-work marijuana use. Ron Rompen said:.
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My firm works with clients routinely to implement enforceable employment agreements, and I have written about this many times, including here. Now, in the quarter century since Klitgaard published his finding, has a wave of discrimination against high-scoring blacks swept the country as everyone comes to understand this logic? Incorrect rules are fine. The issue that arises with point two is that it assumes things about the people judging.
Professional Development On-Demand. After the Bar Highlights. Adverse impact can occur when identical standards or procedures are applied to everyone, despite the fact that they lead to a substantial difference in employment outcomes for the members of a particular group. Can someone explain the rule? It discussed the 10 to 1 rule.