Proving Disparate Impact Employment Discrimination in New Jersey

New Jersey law prohibits discrimination in employment. Most often, illegal discrimination takes the form of conduct that deliberately treats people differently based on their membership in a protected class. However, certain policies and practices — even if neutral on their face — might unduly impact employees in a protected class. This is known as disparate impact discrimination.

To prevail in a disparate impact claim under the New Jersey Law Against Discrimination (LAD), the plaintiff is not required to prove that an employer’s action was motivated by a discriminatory intent. Instead, he or she must show that the policy resulted in a significantly disproportionate adverse impact on members of a protected group, such as minorities, women or older workers.

Building a disparate impact case requires the following elements:

1. Identifying the policy or practice — The policy or practice that is being challenged will likely be neutral on its face, so it does not appear to be discriminatory. It could be a hiring requirement, a promotion criterion, a testing procedure or a workplace culture.
2. Defining the protected group — The employees disproportionately affected must be definable based on race, gender, age or another protected characteristic under the LAD. The individual bringing the claim must be a member of that protected class.
3. Establishing disparity and harm — It needs to be demonstrated that the policy or practice inflicts more harm or adversity on members of a particular group of employees who are part of the protected class than it does on employees at large. 
4. Establishing causation — It must be shown that the disparate consequence experienced by the group in question directly resulted from the employment policy or practice. This may involve analyzing and disproving alternative explanations. 

An example of disparate impact discrimination might be a company requiring a new type of educational degree for certain positions, which would result in excluding a large segment of older workers who graduated college when that degree did not yet exist. 

Usually, statistical evidence is essential for demonstrating a significant impact. Data on hiring rates, promotion statistics, job assignments or disciplinary actions can be analyzed to show how the policy disproportionately disadvantages the protected group. 

Employers can defend against disparate impact claims by demonstrating that the challenged policy or practice serves a legitimate business purpose and is necessary for job performance or safety. Employers could rebut the statistical analysis or offer alternative explanations for the disparities.

If you believe you are the victim of disparate impact discrimination, you may file a complaint with the state Division on Civil Rights or you may be able to bring a lawsuit in state court. An experienced employment law attorney can advise you on the best path and can assist in the process.

The attorneys at Deutsch Atkins & Kleinfeldt, P.C. in Hackensack, New Jersey have the skill and resources to fight against illegal discrimination. Call 551-245-8894 or contact us online to schedule a free consultation.