Discrimination 80% Rule: What is it?

The problem of discrimination in the workplace remains a concern for many organizations. It is a creeping problem, often unseen and unreported. Ensuring equal employment opportunities for all is not only a moral obligation, it is also a legal one. One tool to assist with this process is the 80% Rule, a guideline developed by the Equal Employment Opportunity Commission (EEOC) to identify possible discriminatory practices. Here we explain the 80% rule and why it matters. If you need legal advice specific to your situation, contact the Burkhalter Law Firm for a consultation.

The 80% rule was created to help companies determine whether they have been unknowingly discriminatory in their hiring process. The rule says companies should be hiring protected groups at a rate of at least 80 percent. For example, if a company hired 100 white men in its last hiring cycle and only hired 50 women, the company could be found violating the 80% rule. The rule primarily makes you consider the ethics of a company’s hiring practices. Those that are found in violation are only asked to provide a legit reason as to why they are hiring protected groups at such a lower rate.

While hiring the most qualified candidate is crucial, having a sizable percentage of a company’s workforce come from a single ethnic group raises concerns about the company’s equal employment practices. Some employers may end up hiring primarily members of one race or ethnic group. However, employers can use the 80% rule as a useful hiring guideline to make sure they are not unintentionally discriminating against protected groups.