Disparate Impact

Discrimination may occur because actions result in a disparate impact upon different people. E-Z Loader Boat Trailers, Inc. v. Travelers Indem. Co., 106 Wn.2d 901, 909, 726 P.2d 439 (Wash. 1986).

DISPARATE IMPACT

To prove a “disparate impact” from discrimination upon a person or group of persons, a plaintiff must show that an employment practice, which was facially neutral, resulted in discrimination against persons because of their age, sex or other improper distinction. Id. (citing Griggs v. Duke Power Co., 401 U.S. 424, 91 S.Ct. 849, 28 L.Ed.2d 158 (1971). See Fahn v. Cowlitz Cy, 93 Wash.2d 368, 610 P.2d 857 (1980); Stieler v. Spokane Sch. Dist. 81, 88 Wash.2d 68, 558 P.2d 198 (1977)).

For example, in Kumar v. Gate Gourmet, Inc., 180 Wn.2d 481, 325 P.3d 193 (Wash. 2014), an employer’s meal policy that was based on security concerns barred employees from bringing in their own food for lunch; and it required employees to eat only employer-provided food. However, the policy forced a group of plaintiff-employees to either work without food or eat food that violated their religious beliefs (a protected class). 

The plaintiffs subsequently filed suit alleging the employer maintained a facially neutral meal policy that fell more harshly on those within a protected class. The WA Supreme Court court found a viable claim of disparate impact discrimination — reversing the trial court’s previous dismissal and remanding the case for further proceeding consistent with their opinion.

READ OUR RELATED ARTICLES

» Origin of the Disparate Impact Claim

» The Prima Facie Case: Disparate Impact