Disparate Impact

Definition

Disparate impact refers to employment practices that appear neutral but disproportionately affect a protected group, such as race, color, religion, sex, or national origin, even if the employer did not intend to discriminate. It is a legal doctrine used to identify and address unintentional discrimination in the workplace.

5 Must Know Facts For Your Next Test

1. Disparate impact is a form of unintentional discrimination that can occur even when an employer's policies or practices appear neutral on their face.
2. To establish a prima facie case of disparate impact, the plaintiff must demonstrate that a specific employment practice has a significant disparate impact on a protected group.
3. Once a prima facie case is established, the burden shifts to the employer to demonstrate that the challenged practice is job-related and consistent with business necessity.
4. Employers can defend against a disparate impact claim by showing that the challenged practice is a business necessity and there is no alternative practice that would have less disparate impact.
5. Disparate impact claims can be brought under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA).

Review Questions

• Explain the concept of disparate impact and how it differs from intentional discrimination.
  • Disparate impact refers to employment practices that appear neutral on their face but disproportionately affect a protected group, even if the employer did not intend to discriminate. This is in contrast to intentional discrimination, where the employer purposefully treats individuals differently based on their protected characteristics. Disparate impact focuses on the outcomes of employment practices, rather than the employer's intent, and is a legal doctrine used to identify and address unintentional discrimination in the workplace.
• Describe the burden-shifting framework for establishing a disparate impact claim.
  • To establish a prima facie case of disparate impact, the plaintiff must demonstrate that a specific employment practice has a significant disparate impact on a protected group. Once this is shown, the burden shifts to the employer to demonstrate that the challenged practice is job-related and consistent with business necessity. If the employer can meet this burden, the plaintiff can still prevail by showing that there is an alternative practice that would have less disparate impact and still serve the employer's legitimate business interests.
• Analyze the role of the business necessity defense in disparate impact cases and the potential challenges employers may face in asserting this defense.
  • The business necessity defense is a key element in disparate impact cases, where the employer must show that the challenged practice is job-related and consistent with business necessity. This can be a challenging defense for employers, as they must demonstrate that the practice is truly necessary for the effective performance of the job, and that there is no alternative practice that would have less disparate impact. Employers may face difficulties in establishing a clear, objective, and job-related justification for the challenged practice, especially when dealing with more subjective or discretionary employment decisions. The burden of proof on the employer in this defense can be a significant hurdle in disparate impact cases.

Related terms

Protected Characteristics:

Attributes or traits that are legally protected from discrimination, such as race, color, religion, sex, national origin, age, disability, and genetic information.

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

Business Necessity: A defense to a claim of disparate impact, where the employer must show that the challenged practice is job-related and consistent with business necessity.