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20220623 | DE Masterclass: Differences Between “Adverse Impact” Analyses and Statistical “Disparity Analyses" 

06-23-2022 03:41 PM

If you need HRCI or SHRM credits after viewing this recording, please email to request the corresponding Program IDs.

In this 60-minute DE Roundtable Masterclass on the Differences Between “Adverse Impact” Analyses and Statistical “Disparity Analyses,” we will discuss these two central pillars of discrimination law. While often confused, we will explain how the two claims are quite different and impose on OFCCP, the EEOC, and civil rights plaintiffs very different elements of proof and impose very different proof by companies to defend against these claims.

While this is always a lively and well-attended topic of discussion, this Masterclass is especially well-timed, coming as it does on the heels of the USDOL’s Administrative Review Board’s (ARB’s) recent unanimous reversal of the entirety of the trial court’s decision in which he had ruled against Enterprise Rent-a-Car. The ARB held that the Trial Judge did not understand the basic elements of proof of either of these two theories of unlawful systemic discrimination. The Enterprise decision is a primer on these two discrimination law theories and sets the backdrop for our discussion among some of the country’s leading experts on these two theories of unlawful systemic discrimination.

Our discussion will include special considerations, too, about how the use of corporate Disposition Codes plays a key role in defeating both claims (piggybacking on May's Masterclass discussion of the proper construction and use of Disposition Codes).

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