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Glossary > Employment Law > Employment Discrimination > Age Discrimination (ADEA)
Legal Disclaimers

Disparate Impact

Disparate impact in the context of employment law refers to a situation where an employment policy or practice that appears neutral on its face has a disproportionately negative effect on a particular group based on a protected characteristic such as age (under the Age Discrimination in Employment Act). This form of discrimination occurs unintentionally but still results in unfair treatment towards certain employees.

Example #1

For example, if a company implements a physical fitness test as a hiring requirement, it may disproportionately impact older employees as they might find it more challenging to pass the test due to age-related physical limitations.

Example #2

Another example could be an organization setting a minimum height requirement for a job position, which could disproportionately affect female candidates.

Misuse

Misuse of disparate impact can lead to systemic discrimination where certain groups are consistently disadvantaged by seemingly neutral policies. This can perpetuate inequality in the workplace and hinder the advancement of individuals based on characteristics that are irrelevant to job performance. It is crucial to guard against such misuse to ensure a fair and inclusive working environment for all employees.

Benefits

One of the key benefits of understanding and addressing disparate impact is the promotion of diversity and inclusion within the workplace. By recognizing and rectifying policies that unintentionally discriminate against certain groups, companies can create a more equitable environment where employees are judged based on their abilities and qualifications rather than irrelevant factors.

Conclusion

Disparate impact is a significant issue in employment law that requires close attention to ensure that workplace policies do not inadvertently discriminate against employees based on protected characteristics. By actively identifying and addressing instances of disparate impact, organizations can foster a more inclusive and fair working environment for all employees.

Related Terms

Age Discrimination In Employment Act (ADEA)

Last Modified: 4/30/2024
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