Which term occurs when an apparently neutral job policy has a negative effect on the employment of protected classes?

• A. Disparate treatment
• B. Disparate impact
• C. Employment discrimination
• D. Constructive discharge

Answer: (B)

Disparate impact is when a policy or practice that is neutral on its face ends up reducing employment opportunities for members of protected classes. The focus is on the outcome of the policy, not the employer’s intent. For example, a hiring test or selection criterion that unintentionally disadvantages women or racial minorities can create disparate impact if it isn’t clearly job-related or necessary for the job, and the employer can sometimes justify it as a business necessity. This differs from disparate treatment, which involves intentional discrimination. Employment discrimination is a broad term that can cover both disparate impact and disparate treatment, while constructive discharge describes a situation where an employer creates conditions so intolerable that an employee resigns.