What does the term "adverse impact" refer to in employment discrimination?

The term "adverse impact" in employment discrimination specifically refers to the unintentional discrimination that occurs when a seemingly neutral policy or practice disproportionately affects a protected group. This can happen even when there is no intent to discriminate. For example, if a company has a hiring test that is not job-related and it results in lower selection rates for a certain demographic group, this could be deemed to have an adverse impact on that group.

This concept is critical in employment law, as it underscores the importance of evaluating employment practices to ensure they do not create barriers for protected classes, even if those practices are not explicitly discriminatory or biased. Companies must regularly assess their policies to avoid any unintentional consequences that could lead to claims of discrimination based on adverse impact.

The other options address different forms of discrimination or workplace issues. Intentional discrimination and disparate treatment emphasize deliberate actions against individuals, while harassment discusses unacceptable behaviors in the workplace. These concepts do not encompass the broader, unintentional nature of adverse impact, making the concept of unintentional discrimination through policies the most fitting explanation.