Close X
We are essential, and so are you! Our firm is still OPEN for business and accepting new clients. To protect your safety, we are offering new and current clients the ability to meet with us via telephone or through video conferencing. Please call our office to discuss your options.

What is disparate impact?

If you recently lost your job due to a company downsizing, you may wish to determine which of your coworkers also lost theirs. Why? Because if you discover that significantly more of you are women or older workers or some other protected group, you may have a legitimate disparate impact cause of action against your former employer.

FindLaw explains that disparate impact is a form of employment discrimination that occurs when an employer’s policies or procedures, even though seemingly neutral, in actuality negatively affect a particular protected group. Both Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 prohibit employment discrimination based on a person’s race, color, ethnic origin, religion, disability, gender, sexual orientation, military status, genetic information, etc. If you and the other employees your company terminated belong to one or more of these groups and you discover that the downsize disproportionately affected you as opposed to other workers, disparate impact represents a real possibility.

Business necessity

Disparate impact cases often are difficult to prove. No one-size-fits-all definition exists for what constitutes this form of discrimination. Courts therefore must go on a case-by-case basis. Consequently, your proof will need to consist of statistics and the analysis thereof that show which protected group(s) your former employer’s downsize policy and procedures negatively affected and by how much. Once you do, however, the burden of proof shifts to your former employer to show that it had legitimate business necessities for its policies and procedures, even though they ultimately produced a discriminatory effect.

Age discrimination

If your proof shows that your former employer terminated far more older workers than younger workers in its downsize, it has a second way to defend against your disparate impact claim. Called the RFOA defense, your former employer must show that it based its policies and procedures on a Reasonable Factor Other than Age.

No Comments

Leave a comment
Comment Information

Why Hire Bononi Law Group?

You can choose among many California law firms when seeking an attorney for your employment law matter. Here are four reasons you should consider Bononi Law Group.

  • Experienced Experienced

    More than two decades helping employees and employers with employment law matters

  • Recognized Recognized

    Included in Southern California Super Lawyers, listed in Best Lawyers in America, and quoted in the Los Angeles Times

  • Right-Sized Right-Sized

    Small enough to give personal attention and large enough to have the resources needed for success

  • Tested Tested

    We have obtained hundreds of millions of dollars for clients through settlements and trial verdicts

  1. AVVO Rating - 10.0 Superb
  2. BBB(R) - Accerdited Business A+ Rating
  3. Weekly Reader Recommended - Best of Pasadena - 2016
  4. LACBA - Los Angeles County Bar Association
  5. Lead Counsel - LC - Rated
  6. Martindale-Hubbell - AV Preeminent - Peer Rated for Highest Level of Professional Excellence
  7. The National Advocates | Top 100 Lawyers
  8. Super Lawyers
  9. ABA - American Bar Association
  10. FindLaw - Bononi Law Group, LLP

Fight Back With Bononi Today! Call 866-295-7512

To learn about your legal rights and options in employment matters, talk to us. Complete the form here or give us a call.

EMAIL US FOR A RESPONSE

Email Us For Quick Answers

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

visit our office/follow us

Bononi Law Group, LLP
301 North Lake Ave, Suite 820
Pasadena, CA 91101

Toll Free: 866-295-7512
Fax: 213-553-9215
Pasadena Law Office Map