Can an employer be liable for discrimination even if it did not intend to discriminate?

Yes, an employer can be liable for discrimination even if they did not intend to discriminate. This is because employment discrimination law in Virginia is based on the legal principle of “disparate impact”. This means that an employer’s policies or practices may be considered discriminatory even if they did not intend to be, as long as they have an unfair or negative impact on a protected class of people. The Virginia Human Rights Act (VHRA) prohibits employers from discriminating against individuals based on their race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, or sexual orientation. If an employer has a policy or practice that affects any of these protected classes, the VHRA requires that it be “job related and consistent with business necessity”, meaning that it must be necessary and practical for the job. Under the VHRA, even if an employer did not have a discriminatory intent, they can still be held liable for discrimination if their policy or practice has an unfair or negative impact on a protected class of people. For instance, the use of a certain educational requirement for a position could potentially have an unfair impact on people of a certain age group, race, or color. In these cases, an employer may be held liable for discrimination even if they did not intend to discriminate.

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Can an employer be liable for discrimination even if it did not intend to discriminate?

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