Define: Disparate Impact

Disparate impact refers to a type of discrimination that occurs when a policy or practice that appears to be neutral on its face has a disproportionately negative impact on a particular group of people.

Disparate impact refers to unintentional discrimination, while disparate treatment refers to intentional discrimination.

Any policy or practice that has a disproportionate impact on a particular group of people can result in disparate impact. Examples include hiring practices, promotion policies, and lending practices.

To prove disparate impact, the plaintiff must show that the policy or practice in question has a disproportionate impact on a protected group and that there is no legitimate business justification for the policy or practice.

Protected groups include race, color, national origin, sex, religion, age, and disability.

Yes, an employer or other entity can defend against a claim of disparate impact by showing that the policy or practice in question is necessary for business reasons. However, the defence must be based on a legitimate business necessity, not just a preference or convenience.

Remedies for a successful claim of disparate impact can include injunctive relief (i.e., an order to stop the discriminatory policy or practice), back pay, and other damages.

Yes, a policy or practice that has a disparate impact can be legal if it is based on a BFOQ. A BFOQ is a qualification that is reasonably necessary to the normal operation of a particular business or enterprise.

Yes, a policy or practice that has a disparate impact can be legal if it is based on a seniority system. However, the seniority system must be bona fide and not a pretext for discrimination.

If you believe you have been subjected to disparate impact, you should consult with an attorney who specializes in employment discrimination law. They can advise you on your legal rights and options.