Intent to discriminate must be proved for a disparate impact case to be successful.

Question

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Intent to discriminate is not necessarily required to prove a disparate impact case. Disparate impact occurs when a seemingly neutral policy or practice disproportionately affects a certain group of people, regardless of whether the discrimination was intentional or not. However, intent can be important in certain cases where a defendant can prove that their policy was necessary for a legitimate business purpose and no alternative approach would be equally effective.

Intent to Discriminate Must Be Proved for a Disparate Impact