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Neutral Practices & Adverse Impact

Can be Discriminatory if adversely impacting a protected class

If an employment practice that does not appear to be discriminatory on its face is challenged—and is shown to have a statistically significant adverse impact on a particular group within a protected class—an employer must justify that practice by demonstrating that it is related to the job or significantly furthers an important business purpose. If this justification is established, the practice may still be discriminatory if it is demonstrated that there is a comparably effective practice which would cause a significantly lesser adverse impact on people of the identified protected class.

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