When a practice is fair in form because it applies equally to all employees or applicants, but has a disproportionally negative impact on the terms and conditions of employment of a protected class of applicants or employees, it results in disparate impact. Does allowing applicants to negotiate starting salaries lead to disparate impact since the opportunity to negotiate is equally available to all applicants? This question arises from the statistical disparities regarding the likelihood of women to engage in salary negotiation compared to men.Sandra Scott Zeigler, Esq., a recognized authority on Federal EEO enforcement with 25 years of experience divided equally between the EEOC and OFCCP, discusses salary negotiation as disparate impact. You can also read Zeigler's article here.
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