Which statement describes disparate impact?

• A. Disparate treatment requires proof of intentional discrimination.
• B. Policy or practice that seems neutral but disproportionately negatively effects members of a protected class.
• C. Quid pro quo harassment.
• D. A hostile work environment.

Answer: (B)

Disparate impact describes a policy or practice that is neutral on its face but has a disproportionately adverse effect on members of a protected class. The key idea is outcomes, not intent—something can seem fair or neutral yet still disadvantage certain groups more than others. For example, a hiring test applied to everyone that ends up excluding a larger portion of a protected group because of factors unrelated to actual job performance would illustrate disparate impact. This concept is separate from disparate treatment, which involves intentional discrimination. Harassment terms like quid pro quo harassment or a hostile work environment describe different issues entirely, not neutral policies with unequal outcomes. When disparate impact occurs, the focus is on whether the policy is a business necessity or whether there are less discriminatory alternatives that could achieve the same goal.