Disparate Impact
What does "Disparate Impact" mean in law?
Disparate impact, first recognized in Griggs v. Duke Power Co. and codified in the Civil Rights Act of 1991, is a theory of discrimination under Title VII that does not require proof of intentional discrimination. Instead, the plaintiff must show that a facially neutral employment practice (such as a standardized test or height requirement) disproportionately excludes members of a protected group. Once a prima facie case is established through statistical evidence, the burden shifts to the employer to demonstrate that the challenged practice is job-related and consistent with business necessity. As Albemarle Paper Co. v. Moody emphasized, testing criteria must be validated against actual job performance to survive disparate impact scrutiny.
Definition
Disparate impact, first recognized in Griggs v. Duke Power Co. and codified in the Civil Rights Act of 1991, is a theory of discrimination under Title VII that does not require proof of intentional discrimination. Instead, the plaintiff must show that a facially neutral employment practice (such as a standardized test or height requirement) disproportionately excludes members of a protected group. Once a prima facie case is established through statistical evidence, the burden shifts to the employer to demonstrate that the challenged practice is job-related and consistent with business necessity. As Albemarle Paper Co. v. Moody emphasized, testing criteria must be validated against actual job performance to survive disparate impact scrutiny.
Example
A fire department's physical fitness test that eliminates 85% of female applicants but only 20% of male applicants may constitute disparate impact discrimination unless the department can prove the test measures abilities actually required for firefighting.