Examples Of Disparate Impact

Disparate impact refers to policies, rules, or other systems that seem to be neutral, but result in an inconsistent impact on protected groups. On the other hand, Disparate treatment is defined by the United States Supreme Court as discrimination in which “the employer simply treats some people less favorably than others because of their race, color, religion, sex, or national origin.” So it could be stated that disparate treatment is intentional. For example, testing a particular skill of African Americans only is disparate treatment. But testing all applicants and getting results from that test that eliminate African Americans excessively is disparate impact. Moreover, Disparate impact claims are discrete from disparate treatment claims