Also known as: disparate impact claim · disparate-impact claim · disparate-impact claims · disparate impact · disparate-impact theory
Written by attorneys · grounded in primary & secondary sources — see below
A claim that a facially neutral policy or practice produces a statistically disproportionate adverse effect on members of a protected class. Proof of discriminatory purpose is not required to establish liability under certain statutes.
The state enacted a hiring preference for veterans that resulted in far fewer women being hired for state jobs. Dorothy Daniels, a qualified female applicant passed over in favor of a less experienced veteran, sued claiming gender discrimination. The court rejected the claim because the preference was adopted to reward military service rather than to exclude women.
The Town of Huntington restricted multifamily housing to a small urban renewal area. The Huntington Branch NAACP challenged the restriction after data showed it prevented construction of units that would have been occupied primarily by minority families. The court found a violation based on the policy's segregative effect without requiring proof of intent.
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Delta Dynamics terminated two employees after learning each was in a same-sex relationship. The employees sued under Title VII alleging the policy produced a disparate impact on the basis of sex. The court held that the statute's text covers such claims because discrimination on the basis of sexual orientation necessarily involves sex.
Diamond Manufacturing administered a promotion exam that produced a racial disparity in pass rates. After the city discarded the results to avoid a potential disparate impact suit, white firefighters who had scored highest sued. The court held that the city could not discard the results without a strong basis in evidence that the test was invalid.
Female employees at Wal-Mart Stores, Inc. sought to certify a nationwide class alleging that local managers' discretion produced a disparate impact on women in pay and promotions. The court denied certification because the plaintiffs could not show that the alleged impact stemmed from a common company-wide policy rather than individual decisions.
The City of Jackson adopted a pay plan that gave larger raises to officers with fewer years of service. Older officers sued under the ADEA claiming the plan had a disparate impact on the basis of age. The court recognized that the ADEA permits disparate impact claims but required plaintiffs to identify the specific practice causing the disparity.
No. Under statutes such as Title VII and the Fair Housing Act, a plaintiff may prevail by showing that a facially neutral practice produces a statistically significant adverse effect on a protected group. Intent is required only for constitutional equal protection claims.
Supporting sources
The plaintiff must point to a specific employment practice or policy that causes the disparity. Generalized allegations of discretion or overall outcomes are insufficient without tying the effect to a particular practice.
Yes. Once a plaintiff establishes a prima facie case, the defendant may defend by proving the challenged practice is job related and consistent with business necessity. The plaintiff may then rebut by showing a less discriminatory alternative exists.
…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…