Workplace discrimination continues to run rampant in Colorado and in the nation as a whole. Yet, not all discrimination is blatant. This means that it sometimes lurks in the shadows and is often passed off as something less than full-blown discrimination. Yet, the impact of this hidden workplace discrimination can be just as severe as blatant discrimination, causing individuals of a protected class to miss out on employment opportunities, face demotion or less favorable work assignments, and even be subjected to termination.
What is disparate impact discrimination?
One form of hidden discrimination in the workplace is policy implementation that has a disparate impact on a protected class of individuals. In other words, discrimination occurs when a company has a policy in place that unfairly and unevenly affects a particular race, gender, religion, or other protected class. For example, a workplace policy that prohibits all headwear may have a disparate impact on Muslim women who wear a hijab.
Proving disparate impact
Because this form of discrimination can be somewhat hidden, it can be challenging to identify and prove. If you think that you’ve been subjected to a discriminatory policy, then you probably want to talk to others in the workplace that have been affected. After all, in most, if not all, disparate impact cases, the plaintiff has to be armed with statistics that show that the policy does, in fact, disproportionately affect members of a protected class.
Know how to build your case
Building a disparate impact case involves a lot more than just gathering some statistics. You also need to be prepared to counter your employer’s arguments, which may include that the policy deals with a business necessity. Experienced employment law firms like ours know how to deal with these kinds of arguments and ensure that their clients stand the best possible chance of success under the circumstances. If you’d like to learn more about what an attorney can do to help you build your case, then please continue to browse our website.