Also known as: disparate impact liability · disparate-impact liabilities · disparate impact · disparate-impact theory
Written by attorneys · grounded in primary & secondary sources — see below
A theory under which a facially neutral policy or practice that produces a disproportionate adverse effect on a protected class does not, without proof of discriminatory purpose, establish liability.
Drake Logistics adopts a hiring policy that awards extra points to applicants with military service. Danielle Dixon applies for a management role but loses out to a less experienced male veteran. The policy produces markedly lower selection rates for women yet was enacted to honor service members rather than to exclude female candidates.
Decker Electronics fires Deanna Davenport after learning she is married to a woman. A male colleague in an identical same-sex marriage keeps his job. Because the termination decision turns on the employee's sex, the company would have retained a female employee married to a man.
Select any source to read its text and confirm it supports the definition.
Dillon Energy discards the results of a promotion test after minority firefighters score lower on average. White and Hispanic candidates who ranked highest sue, claiming the city cannot abandon a valid test solely because of statistical disparity without proving the test itself is invalid.
Doris Duffy and other female employees at Davenport Pharmaceuticals seek to certify a nationwide class alleging that subjective manager evaluations produce lower pay and fewer promotions for women. The company maintains uniform written policies but allows local discretion that generates statistical disparities across stores.
Demetrius Douglas, a state employee, challenges a leave policy that grants more generous benefits to mothers than to fathers. The policy produces a disparate impact on male caregivers even though the state framed the rule around childbirth rather than gender.
Diana Delgado, an elderly resident without a driver's license, must travel forty miles to obtain free identification before voting. The statewide rule applies to every in-person voter and generates lower turnout among certain demographic groups, yet the state defends it as a neutral measure to prevent fraud.
No. A plaintiff must show that the policy was adopted because of its adverse effect on a protected group rather than for a legitimate purpose. Statistical evidence of impact is relevant but insufficient without proof of discriminatory intent.
Supporting sources
Liability arises when the test produces a substantial statistical disparity and the employer cannot demonstrate that the test is job-related and consistent with business necessity. The plaintiff may still prevail by showing a less discriminatory alternative exists.
Supporting sources
Yes, when the purpose is legitimate and unrelated to disadvantaging the protected class. Courts examine whether the decision maker selected the policy because of its effect or despite it.
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…