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Tag:disparate impact

October 28, 2021
News & Commentary

Maxwell Ulin

Congressional Democrats’ proposal to institute a national paid family and medical leave program for workers has been officially cut from Congress’s upcoming reconciliation bill, according to several outlets yesterday. The proposal, which initially sought to establish twelve weeks of paid leave for all workers, had been whittled down substantially in recent weeks in the face […]

A Primer on Remedial Workplace Affirmative Action

May 19, 2020 Ryan H. Nelson

When affirmative action makes headlines, it usually concerns a lawsuit challenging the race-conscious admissions process of a college or university that is trying to diversify its student body. Prominent examples include last fall’s decision that Harvard College’s race-conscious admissions process did not violate Title VI of the Civil Rights Act of 1964 and the Supreme […]

The Rooney and Mansfield Rules: Diversity Programs in Structurally Different Industries

Apr 3, 2019 Heylee Bernstein

In 2002, civil rights attorneys commissioned a study regarding minority NFL coaches. The study concluded black coaches outperformed white coaches in virtually every objective criterion, and had better records when fired. Between 2000 and 2002, NFL teams hired 21 head coaches, and only two were black. Prompted by the study’s stark conclusions and wanting to […]

California Bans the Box, Twice: Establishing Disparate Impact with General Statistics (Part II)

Jan 17, 2018 Noah Zatz

In addition to adopting a new “Ban the Box” statute, California also recently issued innovative regulations applying general employment discrimination law principles to criminal record screening. The previous post provided some background and discussed how the regulations introduce a “bright-line” approach to when criminal screens are unjustified. This post turns to another innovation, one of […]

Can job applicants bring disparate impact claims under the ADEA?

May 19, 2017 Karim Lakhani

Americans are living and working longer than in previous generations. Over the last ten years, the over 45-year-old work force has grown dramatically, from 31.7% of the country’s workforce in 1996 to 39% in 2006 and 44.3% last year. The percentage is expected to grow even larger, as the number of American workers over the […]

OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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October 28, 2021

A Primer on Remedial Workplace Affirmative Action

The Rooney and Mansfield Rules: Diversity Programs in Structurally Different Industries

California Bans the Box, Twice: Establishing Disparate Impact with General Statistics (Part II)

Can job applicants bring disparate impact claims under the ADEA?