![]() ![]() If business necessity is proven, the plaintiff must then demonstrate that the employer could achieve its business goals with practices that do not have an adverse effect.ĭisparate impact is often quite difficult to prove.If disparate impact is proven, the employer must then show that the practice was undertaken as a "business necessity" or is "manifestly related" to the duties of the job.The plaintiff must prove that a specific employment or housing practice causes an adverse effect on members of a protected class.In employment, disparate impact cases transpire in three steps: ![]() Protected traits commonly include one's race, color, religion, sex, or national origin, but can also include age or disability. In other words, the outcomes of the practice are disproportionately unequal for these individuals. Unlike traditional discrimination lawsuits, a disparate impact case alleges that an employment or housing practice, although neutral on its surface and applied without discriminatory intent, is unintentionally discriminatory because it causes an adverse effect on protected classes of individuals who possess certain traits. The theory has remained controversial, since some argue it conflicts with the Equal Protection Clause of the Fourteenth Amendment, which provides for equal treatment under the law. Later rulings by the court weakened the disparate impact argument, such as Wards Cove Packing Co. Though the United States Supreme Court first validated disparate impact theory in 1971, the Equal Employment Opportunity Commission has been a consistent defender of the theory since it began operating in 1966.
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