Cases
It found qualifications creating disparate impact illegal unless job-related
Griggs
One of two statutes that protect against disability discrimination
Americans with Disabilities Act, and the Rehabilitation Act
Wards Cove: P must show it in addition to disparate effect
Specific practice causing it or a better method
It ruled that disparate impact is shown by comparing the org's workforce to the labor market.
Wards Cove
Barring fertile ♀ from jobs with lead violated Title VII and this Act.
Pregnancy Discrimination Act (Johnson Controls)
Griggs: This suit is about a neutral rule that affects a protected class more
Disparate impact
This case decided ADEA can have a disparate impact claim.
Smith v. City of Jackson
One of two valid proofs for a disparate impact case listed in 2000e-2(k)
specific employment practice not job related; OR complainant shows better method
Dothard: prohibiting women in these jobs is ok.
Contact positions at max security men's prison
It nixed discarding gov't exam scores absent strong basis in evidence of deficiency
Ricci
This statute does not require business necessity, instead using the concept of RFOA.
ADEA
Disparate impact for this statute includes tests not reflecting impairments
ADA
Managers' discretion w/ disparate impact had no common "specific employment practice"
Walmart
There are 7 federal statutes allowing disparate impact claims. Name three.
Title VII, FHA, ADEA, ADA, RA, ECOA, VRA (Voting rts)
Hazelwood: appropriate comparision groups for "pattern or practice"
Employer's % of a prot. class and % class in local market