Disparate Impact

In an attempt to overcome past real or perceived discrimination the government has a policy called, “Disparate Impact”. Disparate impact occurs when a seemingly neutral policy causes a disproportionate negative harm to a certain group. Can a test be an example? Requiring a test can be a case of disparate impact discrimination if the test screens out a disproportionate number of applicants from a protected group such as race, sex or national origin. The employer’s intent is irrelevant.