Nixon Peabody's "How employers can do their part to tackle and dismantle systemic racism" explains the meaning of disparate impact racism and identifies steps companies can take to ensure that their practices and policies are not inadvertently perpetuating discrimination against protected classes.
Generally, the firm advises companies to: (i) analyze their workforce demographics and policies and practices relating to hiring, firing, promoting, and compensation; (ii) consider practices to promote diversity in hiring, retention, and promotions of underrepresented groups; (iii) address unjustified pay disparities; and (iv) consider proactively using statistical and regression analysis to test practices and remediate any flaws before such analysis is used against them in litigation.
More specifically, the firm's sound suggestions include, e.g., advertising job openings in different venues or on different platforms; ensuring diversity among persons making hiring decisions; training in unconscious bias for persons responsible for interviewing candidates; evaluating whether pay disparities are inappropriately or unlawfully based on previous salary histories; evaluating the inappropriate or unlawful use of criminal background checks in hiring decisions; and ensuring neutral layoff selection criteria.
Access additional information & resources on our Racial Equality & Diversity page. This post first appeared in the weekly Society Alert!