State Responds to Federal Government Attempt to Eliminate Disparate Impact in Discrimination Claims
In 1971, the United States Supreme Court extended the definition of discrimination to include actions which have a “disparate impact,” as well as those that have a “disparate intent.” This ruling allows workers to recover compensation for discrimination claims that, while not intentionally biased, result in the unequal treatment of certain individuals based on their membership in a protected class. The concept of disparate impact was subsequently codified in federal law by the Civil Rights Act of 1991.
The current administration has clearly expressed its disdain for the concept of disparate impact discrimination, with the President issuing an executive order stating that the government will seek to eliminate disparate impact liability to the fullest extent possible without violation the Constitution and federal civil rights laws. In response, the New York legislature enacted, and Governor Kathy Hochul signed, Senate Bill 8338, which formally establishes “disparate impact” as a basis for liability under the New York State Human Rights Law.
How Does This Law Impact New York Employers?
New York employers need to be aware that, while the federal government may not investigate discrimination claims based solely on allegations of disparate impact, such actions will still be potentially actionable under the state human rights laws. In addition, even though federal government agencies, such as the Equal Employment Opportunity Commission, may turn a blind eye to such claims, disparate impact is still protected by the Constitution and by the Civil Rights Laws of both New York and the United States, allowing victims to seek redress in a civil lawsuit.
Let Stephen Hans & Associates Help You Minimize the Potential for a Claim of Workplace Discrimination
At Stephen Hans & Associates, we have successfully advised and represented many New York City employers many years, helping them meet employment law requirements and protecting their rights in a wide range of employment matters, including workplace discrimination claims. Susan Lacerte, executive director of the Queens Botanical Garden has lauded us for our “dedication, knowledge and experience” and for helping the Botanical Gardens “successfully resolve difficult legal issues with [our] talent, negotiating skills, personal care and attention.”
Our experienced attorneys are glad to answer your questions and provide legal advice. Our offices are conveniently located in Long Island City with easy access from Manhattan.