Disparate Impact: Fairness or Efficiency?
University of San Diego School of Law
May 4, 2012
San Diego Law Review, Forthcoming
San Diego Legal Studies Paper No. 12-092
In this short piece I consider three possible justifications for the disparate impact cause of action under Title VII. I find all to be inadequate. I conclude that the disparate impact cause of action is unjustifiable.
Number of Pages in PDF File: 9
Keywords: discrimination, disparate impact, business necessity, efficiency
JEL Classification: K10, K39
Date posted: September 2, 2012