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Adverse Impact and Disparate Treatment: Two Types of Discrimination

By Audra H. Nelson, M.S.  11/19/2009

This module discusses adverse impact and disparate treatment discrimination. To thoroughly understand adverse impact discrimination, the module explains its origin (Griggs v. Duke Power Co.) and relevant legislation and case law, along with the legally accepted method (the 4/5ths rule) used to determine if statistical evidence of adverse impact discrimination exists. This module defines job relatedness (i.e., validity) and describes three strategies (criterion, content and construct-related evidence) used to evaluate validity and methodology for gathering each type of evidence. The module also includes relevant examples and practice scenarios for students to practice the calculations used to determine statistical evidence of adverse impact. Lastly, the module examines disparate treatment discrimination. Relevant examples, case law and methods used to determine if disparate treatment discrimination has occurred conclude this module. This module consists of an instructor’s manual and a PowerPoint presentation.