Which is a likely example of disparate impact?

• A. Requiring all employees to pass a drug test
• B. Height requirements for certain positions
• C. Flexible scheduling for all employees
• D. A policy requiring applicants to have a college degree

Answer: (B)

Disparate impact happens when a policy or practice is neutral on its face but produces a substantially disproportionate adverse effect on members of a protected group. Height requirements for certain positions illustrate this because, while the rule applies to everyone, it tends to exclude a larger share of women and shorter individuals, and it isn’t necessarily essential to performing the job. If the height criterion isn’t clearly tied to job performance or safety, it can be challenged as discriminatory in effect. The other examples don’t demonstrate this pattern as clearly: a drug test can be a reasonable safety measure, flexible scheduling applies to everyone and isn’t discriminatory, and a college degree requirement may create access barriers but doesn’t inherently show the same neutral-to-impact pattern that disproportionately affects protected groups.