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Rights & liberties

disparate impact

A neutral policy that falls much more heavily on a protected group. Some statutes forbid it; the Constitution generally requires proof of discriminatory intent.

In full

Title VII employment law and the Fair Housing Act allow disparate impact claims, under which a practice with a significantly unequal effect must be justified by business necessity. Constitutional equal protection claims are different: Washington v. Davis (1976) requires proof of discriminatory purpose, not effect alone.

Also written as: disparate treatment

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Written from U.S. Department of Justice

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A plain-language explanation for civic education, not legal advice. When in doubt, the official source named above controls.