Employment Law

Title VII

What is an example of an employer policy that would be considered disparate impact?

If an employer adopted a minimum height and weight requirement on police officers, that would work a disparate impact based on sex. If the employer says that all police officers must be at least five-feet, five-inches tall and weigh at least 140 pounds, more women than men would be excluded. Such a policy would work a disparate impact upon female workers and could constitute unlawful sex discrimination—even if the discrimination was not based upon bad intent.


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