Disparate impact occurs when a seemingly neutral policy or practice has a disproportionate and adverse impact on a protected group. It is not always illegal, but if the policy or practice cannot be justified as job-related and consistent with business necessity, it may be considered discriminatory by law. Punitive damages may be awarded if intentional discrimination is proven, but not simply for disparate impact.

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Disparate Impact

Question 16

Multiple Choice

Disparate impact

A) is always illegal.
B) when proven, results in employers having to pay punitive damages.
C) occurs when an apparently neutral policy, such as height and weight requirements, has the effect of discrimination against certain groups.
D) occurs when there is intentional discrimination, for example if an employer refuses to hire men as childcare workers.
E) All of the above.

Correct Answer: