Labor/Employment » First Circuit Makes It Harder For Employers To Defend Disparate Impact Claim

First Circuit Makes It Harder For Employers To Defend Disparate Impact Claim

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July 7, 2014

A recent decision by the U.S. Court of Appeals for the First Circuit may indicate a change in how the courts will analyze hiring statistics in order to determine if  actionable disparate impact discrimination has occurred. Attorney W. Carter Younger of McGuireWoods, in an article from BloombergBNA, explains the apparent fallout from Jones v. City of Boston. This case, according to Younger, “warns employers that even very small, apparently insignificant differences in selection rates may become disparate impact discrimination when there are a large number of selections.”

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