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Question: 1 / 575

What legal concept relates to the disproportional impact on a protected class in employment?

Disparate treatment

Disparate impact

The concept of disparate impact refers to situations where an employment policy or practice, although neutral on its face, disproportionately affects members of a protected class. This could involve policies that inadvertently disadvantage a group based on race, gender, age, or other protected characteristics, even if there was no intent to discriminate. Disparate impact focuses on the outcomes of employment practices rather than the intentions behind them.

For instance, if a company implements a requirement for a specific level of education that is not relevant to the job but tends to exclude applicants from certain minority groups, this could constitute a disparate impact. The focus here is on how the policy affects various groups, rather than whether the policy was enacted with a discriminatory purpose.

Understanding this concept is crucial for organizations to ensure compliance with employment laws and to promote fairness in hiring and employment practices.

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Retaliation

Hostile work environment

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