Disparate Impact Liability

Whether it is a police organization, fire department, municipality, or other public or private entity, our Employment Team at Burns White has the knowledge, experience, and network of experts and consultants nationwide to help prevent disparate impact claims brought under Title VII and, when necessary, pursue a full-scale defense against such claims in court.

From education on prevention, to internal investigations, to formulating a litigation strategy, we move quickly and effectively to prevent and contain risk, and to minimize the internal and external effects on your agency. We can assist state, city, and municipal police departments; fire departments; emergency medical services; and other public and private entities facing litigation due to employment testing, employment requirements, training programs, or other internal policies that may be considered discriminatory in application or effect. Our attorneys have a particular focus on defending claims involving pre-employment physical fitness testing alleging impact on race or gender.

Through our experience handling these often complex and sensitive cases, we have built a national team of experts, lawyers, and consultants who are well versed in physical fitness testing, training programs and related issues that arise for police and other public entities. In addition, our team is led by Member Patrick Sorek, who brings a unique perspective and regulatory understanding of the U.S. Department of Justice (DOJ), the Equal Employment Opportunity Commission, and other regulatory agencies to the practice. Prior to joining the firm, Mr. Sorek was a Trial Attorney with the Civil Division, DOJ, representing the White House, NASA, the FBI, the CIA, the Treasury Department, and other federal agencies and officials in litigation nationwide.

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