FCRA WAGE PROJECT
CHAPTER 4 | DISPARATE IMPACT CLAIMS

4-0 | CHAPTER INTRO - DISPARATE IMPACT CLAIMS

My employer’s policies disadvantage women more than men.

a. What does disparate impact mean?

b. What is a facially neutral policy?

c. What does disparate impact look like?

d. What kinds of claims can be brought as a disparate impact claim?

e. I think that a company policy adversely affects me because of my gender, how do I prove it?

f. What is the difference between disparate impact and disparate treatment?

g. Are there times when an employment policy or practice may legally impact women different than men?

h. What could my employer do to deny my allegations, and how do I respond to its denials?

i. Does it matter when the discrimination occurred? (new window to WDTLS)

j. What options do I have if I my employer has fewer than fifteen employees? (new window to WDTLS)

k. If I prove my disparate impact claim, what kind of remedies am I entitled to? (new window to Remedies)

4-1 | NOTE ON DISPARATE IMPACT CLAIMS IN FLORIDA

(Note: The FCRA does not specifically mention disparate impact, so the information on this page is based largely on federal law. See the Federal Law page for more details.)

4-A | WHAT DOES DISPARATE IMPACT MEAN?

Disparate impact means something has the effect of discriminating against women, even though it may not have intended to do so.

4-B | WHAT IS A FACIALLY NEUTRAL POLICY?

A facially neutral policy is one that does not appear to discriminate in its exact wording or construction.

4-C | I THINK THAT A COMPANY POLICY ADVERSELY AFFECTS ME BECAUSE OF MY GENDER, HOW DO I PROVE IT?

In order to prove disparate impact in an employment context, you must:

1. identify the specific employment practice being challenged;

2. show a disparate impact by showing that a facially neutral practice which treats one group of employees in a discriminatory manner; and

3. show by statistical evidence that that the practice has, in fact, been discriminatory.²⁹

Footnotes

²⁹ See Florida State University v. Sondel, 685 So. 2d 923, 930-931 (Fla. 1st Dist. App. 1996); Prieto v. City of Miami Beach, 190 F.Supp. 2d 1340 (S.D. Fla. 2002)

4-D | WHAT IS THE DIFFERENCE BETWEEN DISPARATE IMPACT AND DISPARATE TREATMENT?

Disparate impact is the effect of a policy that was not necessarily intended to discriminate. Disparate treatment is intentional discrimination against someone because of their protected class.

4-E | ARE THERE TIMES WHEN AN EMPLOYMENT POLICY OR PRACTICE MAY LEGALLY IMPACT WOMEN DIFFERENT THAN MEN?

An employer may justify a practice based on a bona fide occupational qualification (BFOQ), which is a legally legitimate reason for which an employer may consider sex or any other protected class as a qualification necessary for the performance of a particular type of employment.³⁰

Footnotes

^{Fla. Stat. Ann. §760.10(7)}

4-F | WHAT COULD MY EMPLOYER DO TO DENY MY ALLEGATIONS, AND HOW DO I RESPOND TO ITS DENIALS?

Once you make your initial allegation, your employer must demonstrate the practice is based on a bona fide occupational qualification or a bona fide seniority system (see Equal Pay section). Courts have permitted such defenses even where they have a disparate impact upon minorities.³¹ It is up to you to refute this.

Footnotes

³¹ Prieto, 190 F.Supp. 2d at 1353.

Congratulations! You're now booked up on Chapter 4 the FCRA Wage Project!

You might need to reference it during your pursuit of justice.

For instance, you might need to use this handbook in order to protect yourself from organizations/judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).

Nevertheless – and as always – please get the justice you deserve.

Sincerely,

www.TextBookDiscrimination.com

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FCRA WAGE PROJECT
CHAPTER 4 | DISPARATE IMPACT CLAIMS

4-0 | CHAPTER INTRO - DISPARATE IMPACT CLAIMS

4-1 | NOTE ON DISPARATE IMPACT CLAIMS IN FLORIDA

4-A | WHAT DOES DISPARATE IMPACT MEAN?

4-B | WHAT IS A FACIALLY NEUTRAL POLICY?

4-C | I THINK THAT A COMPANY POLICY ADVERSELY AFFECTS ME BECAUSE OF MY GENDER, HOW DO I PROVE IT?

Footnotes

4-D | WHAT IS THE DIFFERENCE BETWEEN DISPARATE IMPACT AND DISPARATE TREATMENT?

4-E | ARE THERE TIMES WHEN AN EMPLOYMENT POLICY OR PRACTICE MAY LEGALLY IMPACT WOMEN DIFFERENT THAN MEN?

Footnotes

4-F | WHAT COULD MY EMPLOYER DO TO DENY MY ALLEGATIONS, AND HOW DO I RESPOND TO ITS DENIALS?

Footnotes

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FCRA WAGE PROJECTCHAPTER 4 | DISPARATE IMPACT CLAIMS

4-0 | CHAPTER INTRO - DISPARATE IMPACT CLAIMS

4-1 | NOTE ON DISPARATE IMPACT CLAIMS IN FLORIDA

4-A | WHAT DOES DISPARATE IMPACT MEAN?

4-B | WHAT IS A FACIALLY NEUTRAL POLICY?

4-C | I THINK THAT A COMPANY POLICY ADVERSELY AFFECTS ME BECAUSE OF MY GENDER, HOW DO I PROVE IT?

Footnotes

4-D | WHAT IS THE DIFFERENCE BETWEEN DISPARATE IMPACT AND DISPARATE TREATMENT?

4-E | ARE THERE TIMES WHEN AN EMPLOYMENT POLICY OR PRACTICE MAY LEGALLY IMPACT WOMEN DIFFERENT THAN MEN?

Footnotes

4-F | WHAT COULD MY EMPLOYER DO TO DENY MY ALLEGATIONS, AND HOW DO I RESPOND TO ITS DENIALS?

Footnotes

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