Can neutral policies be discriminatory?
Yes, in some instances. Some neutral employment policies or practices may exclude certain racial groups in significantly greater percentages than other racial groups. If there is a business necessity for the practice and there is no equally effective alternative, the practice will be lawful despite its impact. However, if there is not a business necessity for the practice or the business need could readily be met in a way that has less impact, the practice will be unlawful. Example: An employer has a “no-beard” rule, which disproportionately excludes African American men because they have a higher incidence of pseudofolliculitis barbae, an inflammatory skin condition caused by shaving. The employer must be able to demonstrate that beards affect job performance or safety. Also, there must be no alternatives to a strict “no-beard” rule that would meet the employer’s business or safety needs. Additional examples of neutral employment policies that may be discriminatory are included in the
