What does “disparate impact” refer to in discrimination cases?

Disparate impact refers to situations in discrimination cases where a seemingly neutral policy or practice has the effect of disproportionately affecting individuals belonging to a protected class. This concept highlights that even if a policy is not explicitly discriminatory or does not show intentional bias against a particular group, it can still result in adverse consequences for that group, leading to a claim of discrimination.

For example, if a company implements a job requirement that is not directly related to job performance and that requirement disproportionately excludes candidates from a certain race or gender, this could be considered a case of disparate impact. This is significant because it shifts the focus from intent to the actual effects of the employment practices, allowing for a broader interpretation of discrimination that considers the outcomes rather than solely the intentions behind the practices.

The other options do not accurately encapsulate the definition of disparate impact. Intentional favoritism, diversity recruitment actions, and equal benefit outcomes do not align with the core idea of disparate impact, which centers on unintentional discrimination arising from neutral policies.