Disparate Impact

Definition

A theory of discrimination based on a facially neutral policy or practice that has a disproportionately adverse effect on members of a protected class, regardless of the defendant's discriminatory intent. The plaintiff must show that a specific employment practice causes a significant statistical disparity, and the defendant must justify the practice as job-related and necessary.

Examples

• •A hospitality business's neutral grooming or dress code policy that disproportionately affects a particular racial or religious group

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