Control of Risk Practice Test 2026 - Complete Exam Prep

Disparate impact is when a neutral employment practice affects a protected group unfavorably in a way that isn’t justified by business necessity. The key is the outcome: the policy applies to everyone, but its effects fall more harshly on a protected class, even though there was no intent to discriminate. For example, a screening test used for hiring that is the same for all applicants might disproportionately exclude members of a protected group; if the practice isn’t shown to be job-related and necessary, it can be unlawful.

This concept is different from intentional discrimination—where someone is treated differently on purpose because of a protected characteristic. It also isn’t about differences in pay (which can be a separate issue) or about proactive measures to improve representation, like targeted outreach or training programs, which are not about adverse impact.