In employment law, what does "disparate impact" refer to?

Disparate impact refers to a situation where a seemingly neutral policy or practice results in a disproportionate negative impact on a specific protected group, even if there is no intent to discriminate. This concept is integral to employment law as it helps to identify and challenge practices that adversely affect certain groups, such as those based on race, gender, age, or disability.

For example, if an employer sets a minimum height requirement for a job that does not actually relate to job performance, this could disproportionately disqualify female candidates or members of certain ethnic groups. In these cases, the policy might be justified as neutral on its face, yet its outcomes reveal unintended discriminatory effects.

Understanding disparate impact is crucial for employers to ensure that their employment practices are fair and equitable, and for employees to recognize their rights under anti-discrimination laws. It impacts how employers design job criteria and assessments to avoid unintentional biases that could lead to legal challenges.