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Disparate impact and discrimination  

On Behalf of | Jan 5, 2022 | Discrimination |

People in New Jersey need to follow the various rules and regulations while performing their job responsibilities at work. As long as they follow the rules and meet the job performance requirements, they expect to be able to keep their jobs and have the same opportunities as everyone else in their position. Unfortunately, some employers make their decisions in a discriminatory manner. They also may have rules that only affect certain races or other protected classes of workers.

If employers do this it is considered workplace discrimination and it is illegal. Sometimes when employers engage in this type of activity it is overt and easy to determine the true motive behind a certain decision. However, there are other instances when it may appear a certain decision is not discriminatory, but still is in fact discrimination.

Disparate treatment

Overt actions that apply to only the affected employee because of their race or other protected class is known as disparate treatment discrimination. Examples of this type of discrimination can be not promoting an employee, firing an employee, not paying them the same amount as others, having them work in less desirable work conditions, not allowing the same breaks or schedule as others and other actions which are detrimental to the employee based on them being in a protected class.

Disparate impact

Disparate impact discrimination occurs when employers have certain rules or regulations that can appear non-discriminatory on its face, but in fact only affect a certain protected class of employees. The rules often are company wide rules that every employee must follow. This could be a rule about breaks that only make it difficult on certain people with disabilities or could be dress code rules that prevent people of certain races or religions from following their beliefs or cultural norms.

Employers in New Jersey may understand that they cannot discriminate against their employees. However, this does not mean that certain employers will not still do it. They may just try to be more creative about how they do it. Experienced attorneys understand how employers may discriminate and may be able to help protect their rights.