Disparate Impact's Impact: The Gender Violence Lens

33 Pages Posted: 10 May 2011 Last revised: 8 Jun 2011

Julie Goldscheid

CUNY School of Law

Date Written: May 8, 2011

Abstract

Although disparate impact theory often is touted as an important remedy for workplace inequality, in practice, it is less frequently used. Nevertheless, it can be a meaningful remedy for gender violence survivors who are subjected to adverse employment actions, or termination, for reasons that may not appear gendered. An employee may argue that the action had an impermissible gender-based disparate impact due to the disproportionate number of survivors who are women. Consequently, disparate impact would seem a natural remedy. This article reviews infrequently explored interpretations that could limit the theory’s utility. It concludes that those limitations should not bar the theory’s use. Instead, disparate impact should offer an alternative remedy for the hidden role domestic and sexual violence plays in perpetuating women’s economic inequality.

Keywords: discrimination, disparate impact, gender

Suggested Citation

Goldscheid, Julie, Disparate Impact's Impact: The Gender Violence Lens (May 8, 2011). Oregon Law Review, Vol. 90, 2011. Available at SSRN: https://ssrn.com/abstract=1835847

Julie Goldscheid (Contact Author)

CUNY School of Law ( email )

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Long Island City, NY 11101
United States
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