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disparate impact |
Also found in: Legal | 0.09 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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The defendants argued that if they had certified the results, they could have faced liability under Title VII for adopting a practice that had a disparate impact on the black firefighters. It said that in order to avoid liability, an employer must have a "strong basis in evidence" that its actions were necessary to avoid disparate impact liability. on minorities can generate a winning lawsuit, but so can race-conscious efforts to avoid a disparate impact. |
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