Disparate Impact

Definition

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

5 Must Know Facts For Your Next Test

1. Disparate impact can be established by showing that a facially neutral employment practice has a significant adverse impact on a protected group, even if the practice was not motivated by discriminatory intent.
2. Employers can defend against a disparate impact claim by demonstrating that the challenged practice is job-related and consistent with business necessity.
3. The burden of proof in a disparate impact case shifts to the employer once the plaintiff has established a prima facie case of discrimination.
4. Disparate impact analysis is used to identify and address systemic discrimination in the workplace, even when there is no evidence of overt or intentional discrimination.
5. Remedies for disparate impact discrimination may include changes to employment practices, hiring goals, or other affirmative action measures to address the disproportionate impact.

Review Questions

• Explain the key difference between disparate impact and intentional discrimination in the context of employment discrimination.
  • The key difference between disparate impact and intentional discrimination is that disparate impact refers to employment practices or policies that appear neutral on their face but have a disproportionately adverse effect on a protected group, even without evidence of discriminatory intent. In contrast, intentional discrimination occurs when an employer deliberately treats an individual or group differently because of their membership in a protected class. Disparate impact analysis is used to identify and address systemic discrimination in the workplace, while intentional discrimination involves overt, purposeful discrimination.
• Describe the employer's defense against a disparate impact claim and the burden of proof in such cases.
  • In a disparate impact case, the employer can defend against the claim by demonstrating that the challenged practice is job-related and consistent with business necessity. This means the employer must show that the practice is necessary for the safe and efficient operation of the business and that there are no alternative practices available that would have a less discriminatory effect. The burden of proof in a disparate impact case shifts to the employer once the plaintiff has established a prima facie case of discrimination. The employer must then prove that the challenged practice is job-related and consistent with business necessity, or the plaintiff will prevail.
• Analyze how disparate impact analysis can be used to address systemic discrimination in the workplace, even in the absence of evidence of intentional discrimination.
  • Disparate impact analysis is a powerful tool for identifying and addressing systemic discrimination in the workplace, even when there is no evidence of overt or intentional discrimination. By focusing on the disproportionate adverse effects of facially neutral employment practices, disparate impact analysis can uncover patterns of discrimination that may be deeply embedded in an organization's policies and procedures. This allows for the identification and remediation of systemic barriers to equal employment opportunity, even in the absence of proof of discriminatory intent. Through changes to employment practices, hiring goals, or other affirmative action measures, disparate impact analysis can be used to promote more equitable and inclusive workplaces.

Related terms

Protected Class: A group of people protected from employment discrimination by federal laws, including race, color, religion, sex, national origin, age, disability, and genetic information.

Intentional Discrimination: Discrimination that occurs when an employer intentionally treats an individual or group differently because of their membership in a protected class.

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