Which term describes the concept that an apparently neutral employment policy ends up harming members of protected classes?

• A. Disparate treatment
• B. Discrimination
• C. Descriptive stereotyping
• D. Disparate impact

Answer: (D)

Disparate impact describes a policy or practice that is neutral on its face but leads to a disproportionately negative effect on members of protected classes. It focuses on the outcomes, not the intent, meaning you can have a policy that seems fair or neutral but still harms a group more than others in a significant way. For example, a hiring test that everyone can take but which ends up excluding more people from a protected group due to factors unrelated to job performance illustrates this concept. Under law, such neutral policies can be challenged if the impact is substantial and not clearly tied to job requirements.

This differs from disparate treatment, which involves intentional discrimination where individuals are singled out for adverse actions specifically because of a protected characteristic. Descriptive stereotyping refers to biased beliefs about a group that may influence judgments, not a policy's actual effects. And simply “discrimination” is a broader term that can describe unfair treatment, but the particular scenario—neutral policy with harmful impact on a protected class—best fits disparate impact.