disparate impact


Also found in: Medical, Legal, Wikipedia.

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.

Mentioned in ?
References in periodicals archive ?
HUD is issuing the proposed rule-which is currently under review by Congress prior to being publicly issued later in August-to conform its 2013 disparate impact rule with the Supreme Court's 2015 decision in in Texas Department of Housing and Community Affairs v.
My aim in this Article, then, is to resist this consensus--to urge consistency rather than variety in disparate impact law and to bring vote denial cases into the familiar disparate impact fold.
Marcotte joined the collective action to pursue her disparate impact and disparate treatment claims on June 8, 2018.
Inclusive Communities Project, Inc., in which the court held that plaintiffs could bring claims under the FHA using the disparate impact theory, so long as they could prove that the defendant's policies were actually causing the disparity.
In JANUARY OF 2015, the disparate impact rule was brought before the U.S.
disability benefits program did not have a disparate impact on women.
Reynolds began its pattern or practice of discriminating against over the age of 40." He sued for both disparate treatment and disparate impact under the ADEA.
The Disparate Impact Fix: The Current Model Does Not Adequately Address Problems Faced by Formerly Incarcerated People 554 B.
Within this context, this Comment considers how implicit bias might be used as "social framework" evidence to substantiate an employee's disparate impact discrimination claim.
(64) However, in 1990, Congress passed the Civil Rights Act of 1990, which codified disparate-impact theory, and "explicitly allowed disparate impact claims under Title VII in the same manner as had been allowed before Wards Cove." (65)
He asked how it was possible for the CFPB to use disparate impact to calculate probabilities of who would receive a check.
Inclusive Communities Project, (4) The Court held that the Fair Housing Act ("FHA") recognizes disparate impact claims and that the Texas Department of Housing's distribution of FHA tax credits was done in a way that led to unintentional discrimination.