There is no question that discrimination occurs in the workplace every day, both here in Ohio and around the country, and it can be implicit and even unnoticed in practice. As a result, the Equal Employment Opportunity Commission puts guidelines in place (known as the Uniform Guidelines for Employee Selection Procedures) to help employers determine whether there are discriminatory employment practices.
One of those guidelines in place is what is known as the “80% rule,” which was designed to help employers determine if they have been discriminatory in their hiring practices. 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). Specifically, the 80% rule dictates that the selection rate of a protected group should be at least 80% of the selection rate of the non-protected group.
Adverse Impacts and Enforcement
Determining whether there has been an adverse impact is based on the rates at which job applicants are hired. For example, if an employer hires 60% of white males applying for a particular job, but only 10% of the female applicants, the case could be made that there is a discrimination issue, as the rate of hiring female applicants is only a percentage of the rate of hiring male applicants, and that percentage is well below the 80% cutoff.
However, the rule has no real authority other than providing guidance so as to potentially call into question a company’s equal employment practices, as those who are not in compliance with it need only provide a legitimate reason as to why they cannot comply with practices that are designed to avoid adverse impacts in terms of substantial differences in employment outcomes for members of a specific group. Establishing legitimacy typically involves the employer justifying the result as being a business necessity, meaning that the procedure is essential to the efficient, safe operation of the business, and there are no alternative procedures that are substantially equally valid that would have a less adverse impact, or that it is job-related.
Contact Our Columbus, Ohio Discrimination Attorneys to Find Out More
Note that adverse impact does not just refer to hiring, but other employment practices, including development, promotions, training, layoffs, transfers, performance reviews, and more. Everyone has the right to the same opportunities in the workplace. If you or a loved one has experienced discrimination in the hiring or employment process due to their disability, our Columbus, Ohio, disability discrimination attorneys are here to help. Contact us today to set up a confidential consultation and find out more.
FAQs
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 are the four federal laws that prohibit workplace discrimination? ›
Equal Employment Opportunity Commission
- Title VII of the Civil Rights Act of 1964. ...
- Equal Pay Act of 1963. ...
- Age Discrimination in Employment Act of 1967. ...
- Rehabilitation Act of 1973. ...
- The Civil Rights Act of 1991.
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 are employers not allowed to discriminate against? ›
It is illegal for an employer to discriminate against a job applicant because of his or her race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
What are the chances of winning a discrimination case? ›
In general, you'll have a good chance of winning your lawsuit or agreeing to a favorable settlement if you have solid, documented evidence of serious discrimination, significant damages, and an experienced attorney working for you.
What is discrimination based on salary? ›
Pay discrimination occurs when an employee is paid differently from others because of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (40 or older), or genetic information.
Which federal act protects against discrimination? ›
Federal Equal Employment Opportunity (EEO) Laws
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
What are the 4 types of illegal discrimination? ›
I am aware that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), and national origin.
What are 5 categories that are protected from discrimination? ›
Applicants, employees and former employees are protected from employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability and genetic information (including family medical history).
What is the four-fifths rule in discrimination? ›
The rule states that one rate is substantially different than another if their ratio is less than four-fifths (or 80%).
Disparate impact occurs when policies, practices, rules or other systems that appear to be neutral result in a disproportionate impact on a protected group.
What are 3 examples of affirmative action policies? ›
Here are some examples of affirmative action practices:
- Quota systems. Occurring most often in education or employment settings, quota systems allocate a certain percentage of opportunities to disadvantaged groups. ...
- Higher education admissions. ...
- Political party quotas. ...
- Employment Equity Act.
A strong retaliation case must show three things: An employee faced discrimination or harassment in the workplace. They reported the incident. The employee was then fired, demoted or otherwise punished for their complaint.
How serious is an EEOC complaint? ›
The laws enforced by the EEOC require the agency to notify the employer that a charge has been filed against it. A Charge of Discrimination can be completed through our EEOC Public Portal after you submit an online inquiry and we interview you. Filing a formal charge of employment discrimination is a serious matter.
What is considered unfair in the workplace? ›
Examples of Being Treated Unfairly at Work
Signs of unfair treatment at work are: Discrimination due to race, gender, age, disability, religion, sexual orientation, or any other protected characteristic. Spreading false rumors. Pay disparities despite equal qualifications and experience.
