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disparate impact

   Also found in: Legal 0.01 sec.
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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The decision While the numbers looked bad, a business practice would not be found to be discriminatory on the basis of age under the ADEA just because of a disparate impact on older workers--even if the company could have accomplished the same task efficiently without such impact--so long as the method used by the company to determine whom to lay off was "reasonable.
Chapter topics include individual and systemic disparate treatment discrimination; systemic disparate impact discrimination, the interrelation of the three theories of discrimination; disability discrimination; procedures for enforcing antidiscrimination laws, and judicial relief.
These proposals have an unfair and disparate impact on women and the poor, who use the ER more frequently than the general population.
 
 
 
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