What is the difference between "disparate impact" and "disparate treatment"?

The distinction between disparate impact and disparate treatment is crucial in understanding employment discrimination under federal laws. Disparate impact refers to policies or practices that, while perhaps neutral on the surface, disproportionately affect a protected group, such as women or racial minorities. This form of discrimination typically arises from seemingly harmless employment practices that, when evaluated statistically, lead to unequal outcomes.

On the other hand, disparate treatment involves a more overt form of discrimination where an individual or group is treated differently based on their protected characteristics, such as race, sex, or age. This means that an employer directly discriminates against someone, either in hiring, promoting, or various employment decisions, based on those characteristics.

The correct answer highlights that disparate impact affects a protected group through policies that may not be intentionally discriminatory, while disparate treatment includes intentional discrimination against individuals based on protected characteristics. This understanding is vital for employers to ensure fair practices and to recognize how their employment policies may inadvertently affect certain groups.