If the complainant clears this hurdle, the case shifts to the business justification, if any, which the defendant offers for its use of the challenged practices. Council 31 et al. It is well settled that evidence of statistical disparity must be significant or substantial to establish that an otherwise neutral employment practice results in a discriminatory impact. Morgan v. Harris Trust and Sav. Where the sample size or alleged effect is so statistically insignificant that no inference of discriminatory impact is proper, a plaintiff fails to present a prima facie case.
Complainant s attempt to establish a case based upon disparate impact fails.
First, no statistical evidence was presented at hearing regarding the probative value, if any, of these numbers. Regardless, Complainant made no effort to show that the City could accomplish its purposes through less restrictive means and, indeed, never articulated a cogent disparate impact theory. Conclusion For the reasons set forth herein, the Commission finds in favor of Respondent City of Chicago and against Complainant Walton. There is no persuasive reason to ignore the results of drug testing for the balance of the calendar year 1995. Indeed, any reasonable period of time which allows for a statistically valid conclusion to be drawn would be relevant in a case where there is no suggestion that the respondent s policy or practice changed after the complaint was filed.