Disparate Impact/Disparate Treatment

Disparate impact happens when an employer uses a facially neutral employment practice that has an adverse impact on members of a protected class. If the negative impact affects the protected group more harshly than the majority group, discrimination may be found. Practices that may be considered discriminatory are placement tests, aptitude tests, height and weight requirements or any other screening device that causes more than 20 percent of a protected group to fail the test. For example, 100 men and 100 women take an exam for a promotion. 90 of the women pass the test but only 45 of the men pass the test. The relevant ratio would be 45/90, or 50 percent, which would violate the 80 percent rule. Because the men did not pass at a rate of 80 percent of the women, the test is considered to have a disparate impact on men.…