How can a plaintiff prove disparate impact in employment discrimination cases?

In employment discrimination cases, a plaintiff can prove disparate impact by comparing the employer's workforce to the pool of qualified members of a protected class. This method focuses on the effect of a particular employment practice or policy that may seem neutral but disproportionately affects a protected group.

The analysis involves demonstrating that a significant disparity exists between the demographics of an employer's workforce and the availability of qualified individuals from the protected class within the relevant labor market. If this comparison reveals that the employer's practices result in fewer individuals from the protected group being hired, promoted, or treated fairly compared to their white counterparts, it establishes a viable claim of disparate impact.

Disparate impact cases often emphasize statistical evidence to show that an employer's hiring or promotion procedures unintentionally lead to discrimination against certain groups. This is why the comparison between the employer's workforce composition and the available qualified candidates is the most effective way to support a claim of disparate impact in employment discrimination scenarios. This method requires empirical data and can highlight systemic issues in employment practices that might not be evident through individual employee performance, salary data, or employee satisfaction surveys.