Which description best defines "disparate impact"?

Which description best defines "disparate impact"?

• A. Making employment decisions based on employee performance
• B. Having a policy that disproportionately affects a protected class without intent
• C. Discriminating against non-protected class members
• D. Intentionally setting higher educational standards for all applicants

Answer: (B)

The correct choice identifies "disparate impact" as a policy that disproportionately affects a protected class without the intent to discriminate. This concept originates from employment and anti-discrimination law, specifically within the context of the Civil Rights Act and subsequent legislation, which prohibits practices that may limit opportunities for certain groups, even if there is no intent to discriminate against them. Disparate impact occurs when a seemingly neutral policy or practice has a disproportionate adverse effect on individuals belonging to a protected class, such as race, gender, age, or disability status. The focus is on the consequences of actions rather than the intent behind them. This means that organizations must be aware of how their policies may indirectly disadvantage specific groups and take steps to mitigate these impacts. For instance, if an employer implements a testing requirement for hiring that inadvertently excludes a significant number of candidates from a particular demographic, the practice could be challenged as having a disparate impact. The key takeaway is that organizations need to ensure their policies are equitable and do not unintentionally disadvantage certain groups, even if there was no deliberate intention to do so.

The correct choice identifies "disparate impact" as a policy that disproportionately affects a protected class without the intent to discriminate. This concept originates from employment and anti-discrimination law, specifically within the context of the Civil Rights Act and subsequent legislation, which prohibits practices that may limit opportunities for certain groups, even if there is no intent to discriminate against them.

Disparate impact occurs when a seemingly neutral policy or practice has a disproportionate adverse effect on individuals belonging to a protected class, such as race, gender, age, or disability status. The focus is on the consequences of actions rather than the intent behind them. This means that organizations must be aware of how their policies may indirectly disadvantage specific groups and take steps to mitigate these impacts.

For instance, if an employer implements a testing requirement for hiring that inadvertently excludes a significant number of candidates from a particular demographic, the practice could be challenged as having a disparate impact. The key takeaway is that organizations need to ensure their policies are equitable and do not unintentionally disadvantage certain groups, even if there was no deliberate intention to do so.