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For example, testing all applicants and using results from that test that will unintentionally eliminate certain minority applicants disproportionately is disparate impact.
Examples of disparate treatments in business. Examples of disparate treatment discriminatory practices in business include: Hiring on the basis of strength to favor male gender over female gender employees, even if there is no business necessity in the job for heavy lifting.
Disparate impact occurs when seemingly neutral policy or practice negatively impacts people of a protected class. Unlike disparate treatment, disparate impact can be unintentional, but that doesn't mean it isn't unlawful employment discrimination.
Disparate impact (also ?adverse impact?) commonly refers to unintentional discriminatory practice, whereas disparate treatment (also ?adverse treatment?) refers to intentional discriminatory practice.
Example of disparate treatment: providing higher pay to men than women for performing the same job (intentional discrimination) Example of disparate impact: hiring more men than women as construction workers as a result of physical height or strength (unintentional discrimination).