Inclusion · HR glossary

Disparate Impact

Disparate impact is a legal concept, particularly in US employment law, concerning an apparently neutral practice that disproportionately disadvantages a protected group. The applicable legal analysis considers more than intent.

Example

A selection test produces substantially different success rates between groups, prompting examination of its job relevance and whether a less exclusionary suitable alternative exists.

What to keep in mind

A numerical difference alone does not decide a legal claim. Examine the relevant population, evidence, legal standards and business justification with appropriate expertise.

Further reading

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