Question

Discuss the concept of 'disparate impact' ( as opposed to disparate treatment )

Answer 1

Disparate impact is nothing but the legal doctrine according to which the policy can be discriminatory if has adverse impact against any group based on race, color, sex, national origin, family status, or disability even though the policy is neutral.

Adverse impact refers to discriminatory effect of employment practices (even though it neutral) on a protected group. The disparate impact theory under Title VII protect members of protected class from unjustified adverse impact from the facially neutral employment practice because it is discriminatory in its application or effect.