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The four-fifths rule is a guideline used to determine if there is adverse impact in the selection process of a specific group. The rule states that the selection ratio of a minority group should be at least four-fifths (80%) of the selection ratio of the majority group.
Measuring Adverse Impact: The Four-Fifths Rule Dividing the lowest selection rate (6%) by the higher (58%), we get 6/58 = 10.3%: significantly lower than the legal minimum 80%.
Adverse impact is the negative and discriminatory effect on a minority group that can occur during seemingly unbiased selection procedures. Similar to unconscious bias, it can result in fewer qualified minorities being hired, promoted, or considered for other employment opportunities based on discriminatory reasons.
An adverse impact is an often unseen yet negative consequence of an employment policy or practice. Most often, adverse impact is found in policies and practices that inform candidate or employee assessments, such as: Job requirements listed in a job description.
In most cases, adverse impact is unintentional. For example, conducting strict criminal background checks without business necessity might have a disproportionate effect on members of a protected class. Disparate treatment is another type of discrimination that occurs along with adverse impact.