Regarding Disparate Impact, which statement is correct?

Regarding Disparate Impact, which statement is correct?

• A. Always unlawful
• B. May be justified if there is a business necessity
• C. Requires proof of intent
• D. Provides universal protection

Answer: (C)

Disparate impact focuses on the effects of a neutral employment policy on protected groups, not on the employer’s intent. When a policy causes a significantly disproportionate adverse impact, it triggers scrutiny. But it can be justified if there is a business necessity for the policy and there are no less discriminatory alternatives that would achieve the same goal. Proof of intent is not required in disparate impact cases—intent relates to disparate treatment. It doesn’t provide universal protection, since it targets protected classes, not everyone. Therefore, the statement that disparate impact may be justified if there is a business necessity is the correct understanding.

Disparate impact focuses on the effects of a neutral employment policy on protected groups, not on the employer’s intent. When a policy causes a significantly disproportionate adverse impact, it triggers scrutiny. But it can be justified if there is a business necessity for the policy and there are no less discriminatory alternatives that would achieve the same goal. Proof of intent is not required in disparate impact cases—intent relates to disparate treatment. It doesn’t provide universal protection, since it targets protected classes, not everyone. Therefore, the statement that disparate impact may be justified if there is a business necessity is the correct understanding.