Which statement best defines Disparate Impact?

Which statement best defines Disparate Impact?

• A. The effect of a neutral policy that adversely affects a protected class, which may be justified if it is a business necessity
• B. Intentional discrimination
• C. Policy that benefits protected classes
• D. Policy that affects everyone equally

Answer: (A)

Disparate impact happens when a policy that seems neutral ends up causing a disproportionate burden on a protected group. The key idea is the outcome, not the employer’s intent. Even if no one from a protected class is singled out by name, the policy can still be unlawful if it adversely affects them at a significantly higher rate. The allowed defense is that the policy is job-related and a business necessity; if the impact isunduly harmful, the employer must show the policy is necessary for the job and consider less discriminatory alternatives. This differs from disparate treatment, which involves intentional discrimination. A policy that benefits protected classes isn’t about disparate impact, and a policy that affects everyone equally wouldn’t create unequal effects on protected groups.

Disparate impact happens when a policy that seems neutral ends up causing a disproportionate burden on a protected group. The key idea is the outcome, not the employer’s intent. Even if no one from a protected class is singled out by name, the policy can still be unlawful if it adversely affects them at a significantly higher rate. The allowed defense is that the policy is job-related and a business necessity; if the impact isunduly harmful, the employer must show the policy is necessary for the job and consider less discriminatory alternatives. This differs from disparate treatment, which involves intentional discrimination. A policy that benefits protected classes isn’t about disparate impact, and a policy that affects everyone equally wouldn’t create unequal effects on protected groups.