How does “disparate impact” differ from “disparate treatment”?

"Disparate impact" refers to policies or practices that are not intentionally discriminatory but result in a disproportionate negative impact on a protected group. This concept arises in employment law, where a seemingly neutral employment policy may unintentionally lead to unequal outcomes for certain groups, such as those defined by race, gender, or disability. For example, an employer might implement a hiring test that, while applied equally to all candidates, disproportionately screens out applicants from a particular racial group due to cultural biases inherent in the test.

In contrast, "disparate treatment" involves intentional discrimination against an individual based on their belonging to a protected class. This means that an individual is treated differently based on discriminatory motives.

Understanding the distinction between these two concepts is crucial in employment law as both can lead to legal claims under civil rights statutes, yet they require different approaches to prove. Disparate impact focuses on the effects of a policy or practice, while disparate treatment is concerned with the motivations behind the treatment of specific individuals.