Disparate-impact discrimination occurs when an employer intentionally discriminates against an employee who is a member of a protected class.

Question

BlackTom AI · Accepted Answer

To evaluate the statement, we need to distinguish between two forms of discrimination: disparate treatment and disparate impact.
Option 1: True. This option claims that disparate-impact discrimination occurs when an employer intentionally discriminates against a member of a protected class. In fact, disparate impact refers to policies or practices that are neutral on their face but disproportionately affect a protected group, and they do not require intent to discriminate. Therefore, labeling this as intentional discrimination makes the statement false.
Option 2: False. This option correctly identifies that disparate-impact discrimination is about unintended or unintendedly discriminatory effects, not about deliberate bias. When a policy has a neutral rule but its application disproportionately harms a protected class, it can be unlawful under anti-discrimination laws, even absent explicit intent. The key distinction is the presence of disproportionate impact without required intent, which is the hallmark of disparate impact rather than disparate treatment.
Option 2 also invites considering examples such as height or FBI background checks, where the policy itself is neutral but the outcome burdens a protected group more than others; such outcomes would be evaluated under disparate impact standards, not intentional discrimination.
In summary, the statement in Option 1 mischaracterizes disparate-impact discrimination, while Option 2 correctly reflects that disparate impact centers on impact rather than intent.

Disparate-impact discrimination occurs when an employer intentionally discriminates against an employee who is a member of a protected class.

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