PHRC's Disparate Impact Presumption

Law360, New York (February 09, 2010, 9:38 AM ET) -- The Pennsylvania Human Relations Commission (“PHRC”) has proposed “Policy Guidance” stating that it intends to treat an employer's rejection of an African-American or Hispanic applicant because of his or her criminal record as presumptive evidence that the employer is discriminating against the applicant in violation of the Pennsylvania Human Relations Act (“PHRA”).

The Policy Guidance sets forth the PHRC’s analysis of statistics showing a nationwide disproportionate conviction rate of African-American and Hispanic populations, as well as the larger disparity evidenced by Pennsylvania-specific data.

This data has...
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