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Adverse Impact and Disparate Treatment: Two Types of Discrimination 
 

11/19/2009  By Audra H. Nelson, M.S. 
 
 
 

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.

This item may be reproduced free of charge for use in HR classrooms in colleges and universities, in training classrooms in the workplace or in any other learning environment where HR knowledge is taught. For all other uses, requesters are directed to the “Obtain reuse/copying permission” button that appears in the Tools box on this item.

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