Unfortunately, protected groups frequently face discrimination every day, sometimes without even noticing. Identifying discrimination in the workplace can be very difficult for employers that feel as if they are practicing fair and equal employment. Even the Equal Employment Opportunity Commission has a difficult time prosecuting employers that violate civil rights, as charges can be challenging to prove. Thankfully, there are guidelines in place such as the 80% rule that can help companies determine if they are unknowingly discriminating against protected groups.
At The Melton Law Firm, our attorneys understand how aggravating it is to be discriminated against, even if the employer did so unwittingly. We can help you shed light on the discriminatory treatment you’ve been receiving so that your employer understands that certain behaviors are unacceptable.
What is the 80% Rule?
The 80% rule was created to help companies determine if they have been unwittingly discriminatory in their hiring process. The rule states that companies should be hiring protected groups at a rate that is at least 80% of that of white men. For example, if a firm has hired 100 white men in their last hiring cycle but only hired 50 women, then the company can be found in violation of the 80% rule. The rule itself has no real effect other than to call into question a company’s hiring ethics. Those that are found in violation are only asked to provide a legitimate reason as to why they are hiring protected groups at such a lower rate.
When hiring potential new employees, some employers may end up hiring primarily one race or ethnic group, and while hiring the most qualified employee is important, having a huge portion of a company belong to a single ethnic group can raise questions about its equal employment practices. Nonetheless, the 80% rule is a useful guideline for companies to use when hiring to ensure that they are not unknowingly discriminating against protected groups.
Contact an Austin Equal Employment Attorney
If you or someone you know has been discriminated against in the workplace, you have many legal options to begin building your equal employment case. Every person, no matter race or ethnic group, has the right to have the same opportunities. At The Melton Law Firm, our Austin employment attorneys have dedicated their professional lives to protecting the employment rights of all our clients. Contact our office today at (512) 330-0017 to speak with a member of our legal team today.
FAQs
What is the 80% Rule? The 80% rule was created to help companies determine if they have been unwittingly discriminatory in their hiring process. The rule states that companies should be hiring protected groups at a rate that is at least 80% of that of white men.
What is the 80% rule for disparate impact? ›
The 80% rule
Originally, the Uniform Guidelines on Employee Selection Procedures provided a simple "80 percent" rule for determining that a company's selection system was having an "adverse impact" on a minority group. The rule was based on the rates at which job applicants were hired.
What is the 80% rule in affirmative action? ›
The rule states that employers should be hiring protected groups (i.e. those who are different from white men in terms of ethnic group, race, or sex) at a rate that is at least 80% that of a non-protected group (such as white males).
What is the four fifths rule? ›
The rule states that one rate is substantially different than another if their ratio is less than four-fifths (or 80%). In the example above involving a personality test scored by an algorithm, the selection rate for Black applicants was 30% and the selection rate for White applicants was 60%.
Are men a protected group? ›
Are men protected from sex discrimination and harassment? Yes. Both men and women are protected from discrimination and harassment on the basis of sex at work.
Is disparate impact hard to prove? ›
Disparate impact cases do not require proof of discriminatory motive on the part of the defendant but are still quite difficult to prove.
What is an example of a disparate impact claim? ›
For example, a strength requirement might screen out disproportionate numbers of female applicants for a job, and requiring all applicants for promotion to receive a certain score on a standardized test could adversely affect candidates of color.
What is the difference between disparate treatment and disparate impact? ›
Both disparate impact and disparate treatment refer to discriminatory practices. Disparate impact is often referred to as unintentional discrimination, whereas disparate treatment is intentional. The terms adverse impact and adverse treatment are sometimes used as an alternative.
How do you prove disparate treatment? ›
To prove disparate treatment, the employee (plaintiff) must first present a “prima facie” case, meaning that he must present evidence that discrimination has occurred. This evidence can be either direct evidence or indirect (circ*mstantial) evidence.
What is a prima facie case of discrimination? ›
In order to establish a prima facie case in an employment setting, a plaintiff must have enough evidence to show that they were discriminated against by their employer for a prohibited reason. If the employer is not able to show evidence that contradicts it, the employee plaintiff will likely win.
The inclusive school prevents and combats discrimination. It is one that respects, values and accommodates diversity across all nine grounds in the equality legislation – gender, marital status, family status, sexual orientation, religion, age, disability, race and membership of the Traveller community.
Is favoritism a form of discrimination? ›
Is favoritism at work illegal? Favoritism at work isn't illegal unless it occurs for unlawful purposes. For example, favoring employees based on race, gender, sexual orientation, or age. In this case, favoritism becomes discrimination, which is prohibited in all 50 states.
What is quid pro quo harassment? ›
From a legal perspective, quid pro quo harassment involves an employer who makes decisions based on an employee's willingness to grant or deny unwelcome romantic or sexual favors. This can manifest in various ways, such as promising career advancements, job benefits, or even job security in exchange for acquiescence.
What is the disparate impact rule? ›
v. United States, 395 U.S. 285, 297 (1969). The disparate impact regulations ensure “that public funds, to which all taxpayers of all races contribute, not be spent in any fashion which encourages, entrenches, subsidizes, or results in racial discrimination.” H.R.
What percentage is considered disparate impact? ›
A disparate impact may exist in any race where the percentage in the "Impact Ratio of RIF" column is lower than 80%.
How do you calculate disparate impact? ›
To calculate the Disparate Impact Ratio, divide the number of unfavorable outcomes for the protected group by the total number of the protected group. Then, divide the number of unfavorable outcomes for the non-protected group by the total number of the non-protected group.
What is the best example of disparate impact? ›
Example of disparate impact: hiring more men than women as construction workers as a result of physical height or strength (unintentional discrimination).
