October 24, 2021

Volume XI, Number 297

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October 22, 2021

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October 21, 2021

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Neutral Hiring Practices Can Still Result in a Valid Discrimination Claim

Under the theory of “disparate impact,” even facially neutral policies can result in claims of discrimination when a “protected group” suffers a statistical disadvantage vis a vis another group (i.e., the rule of thumb is a twenty-percent disadvantage).  For example, in Andreana v. Virginia Beach City of Public Schools, the United States District Court of the Eastern District of Virginia denied a motion to dismiss and ruled that Plaintiff could proceed with a claim of age discrimination by alleging that the employer’s hiring process brought down the average age of its Information Technology Specialists by about three years when employees had to reapply for their positions following a restructuring.  While enough to get by a motion for dismissal, the worker still must show that he was qualified for the remaining positions and that age motivated the denial of placement.

Jackson Lewis P.C. © 2021National Law Review, Volume VIII, Number 173
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About this Author

Julia Arsece, Lawyer, Jackson Lewis Law Firm
Associate

Julia L. Arcese is an Associate in the Melville, New York, office of Jackson Lewis P.C. Her practice focuses on preparing affirmative action plans for federal contractors and defending federal contractors in audits by the United States Department of Labor Office of Federal Contract Compliance Programs.

While attending law school, Ms. Arcese was a member of the American University Law Review and a Law Clerk for both the Executive Office of the President and the U.S. Senate. Ms. Arcese was twice awarded the highest...

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