Disparate Impact

Definition

Disparate impact refers to employment practices or policies that appear neutral on the surface but have a disproportionately adverse effect on a protected group, such as race, color, religion, sex, or national origin. This concept is used to identify and address unintentional discrimination in the workplace.

5 Must Know Facts For Your Next Test

1. Disparate impact is a legal concept that was established in the 1971 Supreme Court case Griggs v. Duke Power Co.
2. To prove disparate impact, the plaintiff must demonstrate that a specific employment practice has a significant adverse impact on a protected group.
3. Employers can defend against a disparate impact claim by proving the challenged practice is job-related and consistent with business necessity.
4. Disparate impact analysis focuses on the effects of employment practices, rather than the intent behind them.
5. Addressing disparate impact is important for promoting equal employment opportunities and preventing unintentional discrimination.

Review Questions

• Explain how disparate impact differs from intentional discrimination in the workplace.
  • Disparate impact refers to employment practices or policies that appear neutral on the surface but have a disproportionately adverse effect on a protected group, such as race, color, religion, sex, or national origin. This is different from intentional discrimination, which involves deliberate actions to treat individuals or groups differently based on their protected characteristics. Disparate impact focuses on the effects of employment practices, rather than the intent behind them, and can be addressed even when there is no evidence of intentional discrimination.
• Describe the legal framework and requirements for proving a disparate impact claim.
  • The legal concept of disparate impact was established in the 1971 Supreme Court case Griggs v. Duke Power Co. To prove a disparate impact claim, the plaintiff must demonstrate that a specific employment practice has a significant adverse impact on a protected group. The employer can then defend the practice by proving it is job-related and consistent with business necessity. The analysis focuses on the effects of the employment practice, rather than the intent behind it, making disparate impact an important tool for identifying and addressing unintentional discrimination in the workplace.
• Discuss the importance of addressing disparate impact in the context of promoting equal employment opportunities.
  • Addressing disparate impact is crucial for promoting equal employment opportunities and preventing unintentional discrimination. Even when employment practices are not intentionally discriminatory, they can still have a disproportionately adverse effect on protected groups. By identifying and addressing these practices, organizations can ensure that their policies and procedures are fair and equitable, and that all employees have an equal chance to succeed. This not only benefits the affected groups, but also strengthens the organization by fostering a more diverse and inclusive workforce.

Related terms

Protected Group: A group of people who are protected from discrimination based on characteristics such as race, color, religion, sex, national origin, age, disability, or genetic information.

Adverse Impact: A substantially different rate of selection in hiring, promotion, or other employment decision that works to the disadvantage of members of a protected group.

Unintentional Discrimination: Discrimination that occurs when an employer's policies or practices, although not intended to discriminate, have a disproportionate adverse effect on a protected group.