disparate impact


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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.

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Disparate Impact Encourages Government Actors to Classify Based on Race
Disparate impact claims, by contrast, require no showing of intent,
Specifically, women could argue, first, that private persons, not just state actors, undermine their citizenship status; second, that policies with disparate impact are just as pernicious as disparate treatment; and, third, that individuals have the right to demand certain positive entitlements in addition to negative liberties to secure their equal status as citizens.
Disparate impact discrimination, as noted, means unintentional discrimination on the part of the employer.
However, monitoring the effects of companywide policies is crucial, particularly regarding potential disparate impact on protected classes.
Conduct a regression analysis using the data and models that regulatory agencies use to determine disparate impact.
Supreme Court ruled on June 25, 2015 that the disparate impact housing theory was valid under the Fair Housing Act.
Supreme Court decided to uphold disparate impact liability under the Fair Housing Act, a legal theory that prohibits neutrally-applied practices with a disproportionate impact on minority groups protected by the law, even without proving an intent to discriminate.
Lawyers and compliance consultants familiar with the Supreme Court's ruling on disparate impact advised credit unions to examine their lending policies in light of the ruling, but existing regulations will not change.
Two prior cases involving so-called disparate impact claims were settled just months before the court got to hear arguments.
The covenant would reverse trends towards disparate impact.
The housing discrimination case is the third time in recent years that the Supreme Court has considered a challenge to the legal theory known as disparate impact.