Question

Louise applies for a sales position at Moriarty department store and is not hired. She is a minority and all 75 employees at Moriarty department stores are white. The customers are mostly white. However, all three department stores are located in neighborhoods that are 50% minority. A few months later, Louise goes to another Moriarty store and notices that all of the staff members are white. Louise decides to check the third store and notices the same thing, Louise files a disparate impact claim with the EEOC. Do you think Louise has a valid claim? Why or why not?

Answer 1

Louis has a genuine claim at 'Disparate Impact' because by definition it is about 4 things:

1. The protected classes being unrespresented.[ There are virtually no non-whites]

2. The employment process that is facial in nature(ie. it looks unbiased or not favouring a section or equal only on its face)[ The employment might be done with declaring a fair system of employment but not hiring of Louis does raise question]

3. It doesn't demand plantiff to show the evidence and she can win without proving any discrimination unless;

4. The Employer can show that the policy or procedure has a demonstrable relationship with requirements of job."Business Impact"[ The Moriarty department store has no evidence to prove an all white staff, especially in the neighbourhood which has atleast 50% mnority population; Business Impact clause is also void here as the shoppers are from every section and by sampling there will be atleast 50% shoppers from the protected community.]