Legal Definitions - disparate impact

Definition: Disparate impact, also known as adverse impact, refers to unintentional discriminatory practices. It occurs when a policy or rule that appears neutral has a negative impact on a specific protected class of people.

For example, a company may require all job applicants to have a high school diploma. This policy may seem neutral, but it could disproportionately affect a protected class of people, such as those who come from low-income families or those who have disabilities that prevented them from completing high school.

Another example is a physical fitness test for a job that requires running a mile in under 10 minutes. This policy may seem neutral, but it could disproportionately affect women or older individuals who may not have the same physical abilities as younger men.

These examples illustrate how a policy or rule that appears neutral can have a negative impact on a specific group of people, even if it was not intended to discriminate against them.