In the U.S., employees and candidates for employment may only be evaluated for employment decisions (e.g., hirings, firings, promotions) based on their ability to perform job-related duties. Congress has prohibited employers from considering immutable factors like race, gender, and age while making employment decisions.
Disparate Impact and the ADEA
If a protected worker can show that an employer used a specific employment policy or practice within the decision-making process, which resulted in members of a protected class being less successful than unprotected workers (<i>i.e.>/i>, "adversely impacted"), the employer may be liable for discrimination.
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Gary S. Kessler And Philip G. McNicholasThis premium content is locked for LawJournalNewsletters subscribers only
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