{"id":357687,"date":"2016-04-04T10:45:23","date_gmt":"2016-04-04T15:45:23","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/employment-discrimination\/disparate-impact-discrimination.html"},"modified":"2025-03-14T09:29:00","modified_gmt":"2025-03-14T14:29:00","slug":"disparate-impact-discrimination","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/employment-discrimination\/disparate-impact-discrimination.html","title":{"rendered":"What Is Disparate Impact Discrimination?"},"content":{"rendered":"\n
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What Is Disparate Impact Discrimination?<\/h1>\n
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\n By Linda Sanabria, J.D.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Disparate impact means an employer\u2019s practices or policies unfairly affect protected groups. Even if an employer didn\u2019t intend this form of discrimination, it is against the law \u2014 with some exceptions.<\/p>\n\n <\/div>\n\n

Federal and state laws prohibit intentional discrimination based on race or gender. Yet, discrimination can be unintentional. Accidental discriminatory actions could still be illegal.<\/p>\r\n

Proving this type of discrimination can be difficult. There are no universal standards that could define all policies and practices that will create an unfair, harmful effect. It heavily depends on the facts of each unique case. That\u2019s why understanding this legal theory can be helpful.<\/p>\r\n

It can be hard to know whether you suffered disparate impact in your job. You can discuss your situation with a workplace discrimination attorney<\/a>.<\/p>\r\n

Disparate Impact vs. Disparate Treatment<\/h2>\r\n

Intent is a key difference between disparate impact and disparate treatment discrimination. The actual outcome of an employer\u2019s policy matters.<\/p>\r\n

Disparate treatment is when an employer intentionally treats a worker differently for a discriminatory reason. For example, a hiring manager might reject female applicants <\/a>just because of their gender or potential pregnancy<\/a>. Discriminatory treatment can also happen under English-only policies<\/a>.<\/p>\r\n

Disparate impact doesn\u2019t depend on discriminatory intent. An employer might simply fail to consider how an action would disadvantage one group of workers unfairly. The employer still could cause harm, or an \u201cadverse effect,\u201d to some employees more than others. This accidental oversight is a form of discrimination.<\/p>\r\n

Both types of discrimination violate the law. But the type you face can affect your legal claim, such as the evidence and arguments you\u2019ll need to prove it.<\/p>\r\n

Examples of Adverse Effects at Work<\/h2>\r\n

Disparate impact discrimination is a legal theory recognized by the courts. Related lawsuits often come from employment actions that affect a large group of people in similar situations. This group suffers an adverse effect from the action.<\/p>\r\n

A few possible examples of disparate impact discrimination include:<\/p>\r\n