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فيديو شرح HR Basics: Four-Fifths Rule ضمن كورس ادارة الموارد البشرية (HR) شرح قناة GreggU، الفديو رقم 63 مجانى معتمد اونلاين
Discrimination is the unjust or prejudicial treatment of different categories of people. Disparate impact occurs when a company uses an employment practice that unintentionally discriminates against members of a protected class. Anti-discrimination law protects the right of people to be treated equally. The primary objective of antidiscrimination legislation is to ensure that individuals are given equal opportunity in the workplace.
Two agencies oversee equal employment regulations: Equal Employment Opportunity Commission, or the EEOC, is responsible for developing guidelines and overseeing compliance with most of the antidiscrimination laws. Office of Federal Contract Compliance Programs, or the OFCCP, is responsible for the same activities relative to executive orders.
Disparate impact is discrimination that occurs when an employment practice results in members of a protected class being treated less favorably than members of a non-protected class even though discrimination was not intentional. A protected class is a group of people with a common characteristic who are legally protected from employment discrimination on the basis of that characteristic. These traits are called “protected characteristics” and referred to as “protected classes.”
Federal protected classes include: Race, Color, Religion, National origin, Sex, Age, Physical or mental disability, Veteran status, Genetic information, and Citizenship. To make a case for disparate impact, the plaintiff must first demonstrate that the outcome of the employment practice was less favorable for his or her protected class than for the majority.
The four-fifths rule is a guideline generally accepted by the courts and the EEOC for making such a prima facie case of disparate impact. The four-fifths rule (known as the 80% rule) is the simplest and most common way of estimating disparate impact. This test compares the rates of selection for lesser-represented classes of individuals against the rate at which the most-represented group is selected. If any lesser-represented group has a rate that is less than four-fifths (80%) of the rate for the most-represented group, this can be used as evidence that discrimination.