A plaintiff must show an employer's intent to prove disparate impact in court.

Question

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An important distinction between disparate treatment and disparate impact is the role of the employer's intent. Proving disparate treatment in court requires showing that the employer intended the disparate treatment, but a plaintiff need not show intent in the case of disparate impact. It is enough to show that the result of the treatment was unequal.

A Plaintiff Must Show an Employer's Intent to Prove Disparate