A disproportionately negative effect on a protected group resulting from an employment practice is a key consideration in fair employment law. This effect occurs when a seemingly neutral policy or procedure has a significantly different impact on members of a protected group compared to non-protected groups. For example, a physical strength test for warehouse workers that disproportionately excludes female applicants, even if not intentionally discriminatory, could demonstrate this effect. The result is a difference in selection rates for different groups.
Assessing this effect is vital for ensuring equitable employment opportunities and mitigating legal risks. The existence of such an effect can trigger further scrutiny of the validity of the selection process. Organizations benefit from proactively identifying and addressing these effects to promote diversity and inclusion. Historically, the understanding and measurement of these effects have evolved alongside legislation aimed at preventing discriminatory practices in the workplace.
