Legal Definitions - pattern-or-practice case

A pattern-or-practice case is a type of lawsuit where a plaintiff (the person or group bringing the suit) attempts to prove that a defendant (an individual, company, or organization) has not just committed isolated acts of discrimination, but has engaged in a systematic course of discriminatory conduct. This means the discrimination is not accidental or occasional, but is deeply embedded in the defendant's routine policies, procedures, or practices, or results from a consistent failure to address known issues.

Such cases often involve demonstrating that the defendant's behavior forms a consistent pattern of actions that disadvantages a particular group, and that this pattern is so pervasive that it suggests an intentional or institutionalized bias, rather than just individual incidents.

• Example 1: Employment Discrimination in Promotions

  Imagine a large national retail chain where, over a five-year period, data consistently shows that employees from a specific ethnic minority group are significantly underrepresented in management positions, despite making up a substantial portion of the entry-level workforce and having comparable performance reviews and qualifications to their colleagues. Furthermore, internal complaints regarding lack of promotion opportunities for this group have been repeatedly filed but have not led to any noticeable changes in promotion outcomes or company policies.

  How this illustrates the term: This scenario suggests a "pattern or practice" because the disparity in promotions is not a one-time event but a consistent trend over several years. The repeated failure to promote qualified individuals from a particular group, coupled with a lack of response to internal complaints, indicates that the discriminatory outcome might be embedded in the company's hiring, training, or promotion procedures, rather than being a series of isolated, unrelated decisions by individual managers.

• Example 2: Housing Discrimination in Rental Applications

  Consider a property management company that oversees multiple apartment complexes in a city. Multiple prospective tenants from immigrant backgrounds report being told that no units are available, or are quoted significantly higher rental prices or more stringent application requirements, only to find out shortly thereafter that units were indeed available and offered to applicants from other backgrounds with similar financial profiles. This occurs across different properties managed by the company and is reported by various individuals over time.

  How this illustrates the term: This situation points to a "pattern or practice" because the alleged discriminatory treatment (denying availability or quoting unfavorable terms) is not limited to a single property manager or a single incident. Instead, it appears to be a recurring issue across different properties and over time, suggesting a systemic approach or an unwritten policy within the property management company that disadvantages certain groups of applicants.

• Example 3: Public Services and Accessibility

  A city's public transportation system consistently fails to maintain its accessible ramps and lifts on buses, leading to frequent breakdowns and unavailability for passengers using wheelchairs. Despite numerous official complaints from disability advocacy groups and individual riders over several years, the city's transit authority does not implement a robust maintenance schedule or provide adequate alternative transport options, resulting in a persistent lack of reliable service for disabled individuals.

  How this illustrates the term: This demonstrates a "pattern or practice" because the issue is not an occasional mechanical failure but a consistent, long-standing problem across the transit system. The repeated failure to maintain accessible equipment and the lack of effective response to complaints indicate that the city's practices (or lack thereof) systematically deny equal access to public services for individuals with disabilities, rather than being a series of isolated incidents.