disparate impact

disparate impact
dis·par·ate impact /'dis-pə-rət-, dis-'par-ət-/ n: an unnecessary discriminatory effect on a protected class caused by a practice or policy that appears to be nondiscriminatory compare bona fide occupational qualification, disparate treatment

Merriam-Webster’s Dictionary of Law. . 1996.

disparate impact
When a facially neutral policy disproportionately affects one group, this can be the basis of a discrimination lawsuit if the group affected is protected by discrimination laws (such as race, sex, or age). For example, an employer's policy requiring all employees have the ability to lift 50 pounds could disproportionately affect women. Unless the employer had a good reason for such a policy, it could be discriminatory, even though it doesn't explicitly exclude women.
Category: Employment Law & HR

Nolo’s Plain-English Law Dictionary. . 2009.

disparate impact
USA
Discrimination that occurs when a neutral-appearing practice or policy actually has a discriminatory effect on a protected class or classes. For example, an employment test that results in disproportionately more women receiving promotions than men might be found to have a disparate impact. Disparate impact is one of the theories of discrimination under Title VII of the Civil Rights Act of 1964 (Title VII). The other is disparate treatment.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.


disparate impact
A theory of liability that prohibits an employer from using a facially neutral employment practice that has an unjustified adverse impact on members of a protected class. A facially neutral employment practice is one that does not appear to be discriminatory on its face; rather it is one that is discriminatory in its application or effect.

Dictionary from West's Encyclopedia of American Law. 2005.


disparate impact
A theory of liability that prohibits an employer from using a facially neutral employment practice that has an unjustified adverse impact on members of a protected class. A facially neutral employment practice is one that does not appear to be discriminatory on its face; rather it is one that is discriminatory in its application or effect.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

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