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Suppose the “two standard deviation” tests show no disparate impact. Does this mean that the RIF list would not support a disparate treatment charge either?

April 26, 2017disparate impact list mean RIF support tests treatment

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Suppose the “two standard deviation” tests show no disparate impact. Does this mean that the RIF list would not support a disparate treatment charge either?

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No. The two charges are very different. An impact charge alleges only adverse results. It says nothing about the firm’s intentions. A disparate treatment charge alleges discriminatory intent.