[20050412]RS21836_不同影响分析与《就业年龄歧视法》：最高法院在史密斯诉杰克逊市案中的裁决.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21836Updated April 12, 2005Disparate Impact Analysis and the AgeDiscrimination in Employment Act: theSupreme Court Decision in Smith v. City ofJacksonCharles V. DaleLegislative AttorneyAmerican Law DivisionSummaryThere are two basic methods for proving discrimination under federal equalemployment opportunity laws: disparate treatment and disparate impact. The firstrequires proof that the employer intended to discriminate against the complainant whenit took the challenged employment action. Disparate impact claims, however, may beestablished without proof of discriminatory intent, often a burdensome task fordiscrimination victims. Instead, disparate impact derives from the theory thatemployment policies that appear neutral on their face may actually affect protectedgroups more harshly than an unprotected group. The ultimate burden rests with theemployer to prove a “business necessity” for any such disparity. Disparate impact firstemerged as a mode for judicial analysis of race discrimination under Title VII of the1964 Civil Rights Act. Three decades later, however, t