Disparate Effect, also known as adverse impact, occurs when a neutral employment practice disproportionately harms a protected group, even without intent, potentially violating anti-discrimination laws.
- What is disparate effect?
Answer: It is when a neutral practice disproportionately harms a protected group. - What is an example of disparate effect?
Answer: An example is a height requirement that excludes more women than men. - How is disparate effect identified?
Answer: It is identified through statistical analysis of hiring or promotion outcomes. - What is the legal test for disparate effect?
Answer: The employer must justify it as a business necessity if challenged. - How can organizations mitigate disparate effect?
Answer: They can review policies and adopt inclusive practices.
