Also known as:disparities · disparate · sentencing disparity
Written by attorneys · grounded in primary & secondary sources — see below
An inequality or difference in quantity or quality between two or more things.
Sources & Authorities
How it applies
Common Examples
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Veterans Preference Hiring Impact
State officials adopted a facially neutral statute granting hiring preferences to military veterans for civil service positions. Devon Drake, a female applicant without military service, ranked highest on the exam but lost the job to a lower-scoring male veteran. She sued claiming gender discrimination. The court rejected the claim because the preference aimed to reward veterans rather than target women, even though the policy produced a clear statistical disparity disadvantaging female applicants.
Outdated Preclearance Formula
Congress renewed a voting statute that required only states with 1970s-era discrimination findings to obtain federal approval before changing polling rules. Dylan Duffy, a state election official in one of those states, challenged the coverage formula after the state sought to relocate a polling site. The court held the selective treatment of states unconstitutional because the formula relied on decades-old data and lacked current justification for the resulting disparity in regulatory burdens.
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Cases
Statutes
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Dictionaries
Punitive Damages Award Ratio
Danielle Dixon purchased a new car whose paint had been damaged and repaired without disclosure. A jury awarded her $4,000 in compensatory damages and $2 million in punitive damages. On appeal the court examined the disparity between the modest harm and the large punitive award as one of three guideposts and concluded the punishment was grossly excessive under due process standards.
BMW of North America, Inc. v. Gore517 U.S. 559, 575, 580-81 (1996)
Warranty Limitation in Auto Sale
Diana Delgado bought a new car whose steering mechanism failed shortly after purchase, causing an accident. The sales contract contained a warranty that limited the manufacturer's responsibility to replacement of defective parts. The court found the gross disparity between the value of the car and the limited remedy, combined with unequal bargaining power, rendered the warranty unconscionable and unenforceable.
Delilah Duran owned Grand Central Terminal and sought to build a fifty-story office tower above it. New York City's landmark preservation law blocked the project. The owner argued the regulation created a severe disparity between the property's value under the restriction and its potential value without it. The court analyzed whether that disparity constituted a taking requiring compensation.
Penn Central Transportation Co. et al. v. New York City438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)
Historical Status Disparity in Prosecutions
Dolores Diaz and her same-sex partner were arrested for private consensual conduct under a state sodomy statute. Historical records showed nineteenth-century prosecutions typically involved force, minors, or status disparities rather than adult consensual acts. The court considered that pattern when assessing whether the statute reflected a legitimate tradition or targeted a disfavored group.
Lawrence v. Texas539 U.S. 558 (2003)
Common questions
Frequently Asked
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Does a statistical disparity alone prove an equal protection violation?+
No. Statistical disparity showing that a facially neutral policy affects one group more than another is insufficient without proof of discriminatory purpose. Courts require evidence that the policy was adopted because of its adverse effect on the protected class rather than for a legitimate neutral reason.
When does gross disparity in exchanged values support an unconscionability claim?+
Gross disparity between the values exchanged may indicate unconscionability, especially when combined with defects in the bargaining process or when it corroborates other unfair terms. Standing alone it can sometimes justify denying specific performance even if the contract is not fully invalid.
How does disparity factor into punitive damages review?+
One of three guideposts for determining whether a punitive award is grossly excessive is the disparity between the actual or potential harm to the plaintiff and the size of the punitive damages award. A large ratio may signal that the punishment exceeds constitutional limits under the Due Process Clause.
What role does disparity play in distinguishing a mortgage from an absolute deed?+
A substantial disparity between the amount the grantor received and the fair market value of the property at the time of conveyance is strong evidence that the parties intended a security transaction rather than a sale. Rational sellers normally do not transfer land for far less than its value absent a loan arrangement.
539 U.S. 558 (2003)Constitutional Law
…between men and minor girls or minor boys, relations between adults involving force, relations between adults implicating disparity in status, or relations between men and animals. To the extent that there were any prosecutions for the acts in question, 19th-century evidence rules imposed a burden that would make a…