Disparate Impact - Explained
A Policy that Discriminates Against Protected Classes of Employee
Written by J. Mance Gordon
Updated at April 20th, 2024
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What is Disparate Impact?
Disparate impact is a form of discrimination that involves a policy or practice that is not primarily motivated by a discriminatory purpose but has a discriminatory impact on a protected class of individual.
What is Required to Show Disparate Impact?
Unlike discriminatory treatment actions, in a disparate impact action the employee does not have to demonstrate an intent to discriminate.
Rather, the plaintiff must prove that the employers practices or policies had a discriminatory effect on her due to her race, gender, religion, etc.
The effect on the employee must be substantial and related to an identifiable disadvantage or a loss of opportunity.
Employers can defend such a claim by proving that the alleged discriminatory policies are job-related and based upon a business necessity.
That is, the employer must show that there was a bona fide occupational qualification to overcome the employers successful demonstration of a business necessity, the plaintiff must then show that other policies would serve the employers intended purpose without having a discriminatory effect or impact.
Note: To prove a discriminatory impact case, the employee most generally provide extensive data and demonstrate statistically that the policy had an impact on anyone belonging to the employees protected class.
Related Topics
- Employment Discrimination (Intro)
- What is Employment Discrimination?
- Glass Ceiling
- What are the major Employment Discrimination laws?
- Civil Rights Act of 1866 (1981 Actions)
- Age Discrimination in Employment Act (ADEA)
- Americans with Disabilities Act (ADA)
- The Rehabilitation Act
- Job Accommodation Network
- Genetic Information Non-Discrimination Act (GINA)
- Health Insurance Portability and Accountability Act (HIPAA)
- Affordable Care Act (ACA)
- Uniform Service Employment and Reemployment Rights Act (USERRA)
- Sexual Orientation and Identification
- What is Affirmative Action?
- What is employment discrimination protection under state law?
- Overview of Title VII (Civil Rights Act of 1964)
- Civil Rights Act of 1964
- What is employment discrimination under Title VII?
- How are Title VII protections enforced?
- Wrongful Termination Claim
- Disparate Treatment
- Disparate Impact
- What is race discrimination under Title VII?
- What is national origin discrimination under Title VII?
- What is religious discrimination Under Title VII?
- What is sex discrimination under Title VII?
- What is sexual harassment or Hostile work environment under Title VII?
- Quid Pro Quo
- What is pregnancy discrimination under Title VII?
- Equal Pay Act of 1963
- Defenses to Employment Discrimination Actions
