Also known as: discriminatory effect · disparate impact
Written by attorneys · grounded in primary & secondary sources — see below
An adverse impact on members of a protected class produced by a facially neutral governmental action or policy. Proof of such an effect alone does not establish an equal protection violation without evidence that the action was taken because of its impact on the protected class.
Select any source to read its text and confirm it supports the definition.
Dover Bank adopts a policy granting hiring preference to veterans for teller positions. Diane Dawson, a qualified non-veteran woman, is passed over in favor of a less experienced male veteran. The policy produces a markedly lower hire rate for women but was adopted to reward military service rather than to exclude women.
The State of Franklin sets a maximum hiring age of 35 for state troopers. Diana Delgado, a 38-year-old female applicant with superior qualifications, is rejected. The rule produces a markedly lower hire rate for women but was adopted to ensure physical fitness rather than to exclude women.
Dominion Capital's employee Destiny Davis, a Black defendant convicted of murdering a white victim, receives the death penalty. Statewide data show Black defendants who kill white victims are more likely to receive death sentences than other defendants, yet no evidence shows the prosecutor or jury acted with racial purpose in her particular case.
The State of Kansas funds public schools primarily through local property taxes. Dorothy Daniels's children attend a low-wealth district with markedly lower per-pupil spending than wealthier districts. The funding system produces unequal educational resources but rests on a facially neutral revenue scheme without proof of intent to harm poorer districts.
The City of Dixon requires firefighter applicants to pass a written exam. After the results show a racial disparity in pass rates, higher-scoring minority candidates are still not promoted because the city retains the list. The exam produces a markedly lower promotion rate for minority applicants but was adopted to test job-related skills rather than to exclude minorities.
The Village of Arlington Heights denies a rezoning request needed for a low-income housing project. The denial produces a disproportionate effect on minority families seeking affordable housing. No evidence shows the village board acted because of that racial impact rather than legitimate land-use concerns.
No. Disparate impact without evidence of discriminatory purpose is insufficient to prove an equal protection violation. The claimant must show the government acted because of the anticipated adverse effect on the protected class.
Supporting sources
The defendant must prove purposeful discrimination in his own case. Statistical evidence of a general disparate impact on Black defendants is not enough to establish that race played a role in the particular prosecutorial or jury decision.
Supporting sources
…their argument that the University is unlikely to present evidence of past discrimination by the University itself or of the disparate impact of some current admissions criteria, and that these may be important and relevant factors in determining the legality of a race-conscious admissions policy. We must therefore conclude that…