Knowra Disparate impact Disparate impact Disparate impact is a legal theory under which a facially neutral practice may be unlawful because it disproportionately harms a protected group, even without proof of discriminatory intent.
Facially neutral policy : A rule that applies in the same stated terms to everyone, without explicitly classifying people by a protected trait. Disparate-impact claims begin with a neutral policy whose effects differ across groups.
Griggs v. Duke Power Co. : A 1971 U.S. Supreme Court decision holding that employment practices with unjustified disparate effects could violate Title VII. The Court established the central role of effects rather than intent in Title VII disparate-impact doctrine.
Disparate treatment : A form of discrimination in which a person is treated differently because of a protected characteristic. Unlike disparate impact, disparate treatment centers on differential treatment and discriminatory intent.
Employment testing : The use of assessments to make decisions about hiring, promotion, training, or job placement. Tests can produce group disparities and must be evaluated for job relevance and legal justification.
Employment discrimination law : The body of laws governing discrimination in hiring, pay, promotion, and other workplace decisions. Disparate-impact doctrine changed how employers assess selection procedures and workplace policies.
Adverse impact ratio : A comparison of selection rates between groups, commonly used to screen for disproportionate exclusion in employment. The ratio offers one statistical method for detecting unequal outcomes in hiring or promotion.
Title VII of the Civil Rights Act of 1964 : A U.S. federal law prohibiting employment discrimination on specified protected grounds. Title VII became the principal statutory setting for disparate-impact claims in employment.
Equal Protection Clause : The Fourteenth Amendment provision requiring states to provide equal protection of the laws. Constitutional equal-protection claims generally require discriminatory purpose, unlike many statutory impact claims.
Redlining : The denial or restriction of services, especially credit or insurance, in areas associated with racial minorities. Modern lending and housing policies can be challenged when their effects reproduce exclusionary patterns.
Affirmative action : Policies that seek to address historical or ongoing disadvantage through measures considering protected characteristics. Disparate impact concerns harmful effects of neutral rules, while affirmative action involves deliberate remedial measures.
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