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Answer :
False. Disparate impact exists when individuals in similar situations are treated differently due to a seemingly neutral policy or practice, which unintentionally results in a disproportionate impact on a protected class.
Disparate impact occurs when a seemingly neutral policy or practice, such as hiring criteria or promotion requirements, has a disproportionately adverse effect on a protected class, such as a particular race, gender, or age group. The focus is on the outcome or impact rather than the intention behind the policy. This concept recognizes that even seemingly neutral practices can result in unfair or discriminatory consequences.
To determine if disparate impact exists, statistical analysis is often used to assess whether there is a significant disparity between the outcomes for different groups. If the analysis shows a significant disparity, further examination is conducted to determine if the policy or practice can be justified by a legitimate business necessity.
disparate impact refers to unintentional discrimination that occurs when seemingly neutral policies or practices disproportionately affect members of a protected class. It does not require intentional differential treatment based on membership in a protected class.
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