Disparate Impact refers to...

Disparate Impact refers to...

• A. Bona Fide Occupational Qualification
• B. Equal Employment Opportunity
• C. Reverse Discrimination
• D. Disparate Impact

Answer: (D)

Disparate impact refers to employment practices that are neutral on their face but cause a disproportionately adverse effect on members of a protected class. The emphasis is on outcomes rather than the employer’s intent. For example, a screening test or qualification applied to everyone can end up filtering out a much larger share of a protected group; if the impact is significant and not justified by job necessity, the policy can violate employment law. When disparate impact is shown, the employer may need to demonstrate that the policy is job-related and a business necessity or adopt a less discriminatory alternative. Bona Fide Occupational Qualification is a narrow defense to discrimination tied to essential job requirements; Equal Employment Opportunity is the broad framework prohibiting discrimination; Reverse discrimination is not the formal concept here; the correct term for this phenomenon is disparate impact.

Disparate impact refers to employment practices that are neutral on their face but cause a disproportionately adverse effect on members of a protected class. The emphasis is on outcomes rather than the employer’s intent. For example, a screening test or qualification applied to everyone can end up filtering out a much larger share of a protected group; if the impact is significant and not justified by job necessity, the policy can violate employment law. When disparate impact is shown, the employer may need to demonstrate that the policy is job-related and a business necessity or adopt a less discriminatory alternative. Bona Fide Occupational Qualification is a narrow defense to discrimination tied to essential job requirements; Equal Employment Opportunity is the broad framework prohibiting discrimination; Reverse discrimination is not the formal concept here; the correct term for this phenomenon is disparate impact.