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disparate impact |
Also found in: Legal | 0.03 sec. |
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disparate impact A legal doctrine in discrimination cases whereby the plaintiff demonstrates a type of discrimination that is perhaps not intentional, but which has the effect of barring certain citizens from full access to rights, property, or experiences. The courts may examine a policy that appears neutral on its face but which has a different (disparate) impact on a protected class than others. Once a plaintiff in a lawsuit proves that a disparate impact exists, the defendant must then prove there is a valid and nondiscriminatory reason for the statistical imbalance. How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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However, liability may also ensue if the discrimination has a disparate impact on a protected class. 49) First, we must bear in mind that the Jespersen court invoked the unequal burdens test to evaluate a basic claim of disparate treatment under section 703(a) of Title VII, (50) not a claim of disparate impact under section 703(k). Heubert argues that these tests have a legally disparate impact on minority students. |
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