To which one of the following cases would the concept of disparate impact potentially apply?

Question

BlackTom AI · Accepted Answer

When evaluating disparate impact, we look for practices that are facially neutral but have a disproportionately adverse effect on a protected group.
Option 1: A majority applicant is rejected on the grounds that the company only hires individuals from the minority group.
This describes overt (disparate treatment) discrimination, where the decision is explicitly based on group membership, not a neutral policy that incidentally harms a group.
Option 2: Employees belonging to the minority group are given more privileges and benefits compared to employees belonging to the majority group.
This is also unequal treatment, but in the direction of favoring one group; it does not illustrate a neutral policy with adverse impact, so it does not exemplify disparate impact.
Option 3: A Black associate is passed over for promotions because of the prejudices of his/her manager, while other Black coworkers receive fair promotion opportunities.
Here, the factor is explicit prejudice or discriminatory decision-making by a manager, which is disparate treatment, not disparate impact, since it involves intentional bias in a particular decision rather than a neutral policy affecting outcomes.
Option 4: Minority applicants are disproportionately rejected due to a high school diploma requirement.
This is the classic example of disparate impact: the policy (high school diploma requirement) is neutral on its face but has a disproportionate adverse effect on a minority group, potentially failing to justify the policy if it is not a business necessity.
Option 5: Minority group applicants with high test scores are selected over majority group applicants with similar test scores due to an affirmative action plan.
Affirmative action plans can involve targeted selection, which may be allowed under certain legal frameworks, but this option frames a targeted selection outcome rather than a neutral policy producing disparate impact; the presence of an affirmative action plan changes the context and typically involves a different legal analysis (and may not illustrate disparate impact in the classic sense).
In sum, the statement that best aligns with the definition of disparate impact is the one describing a neutral requirement (the high school diploma) that disproportionately excludes minority applicants, revealing the core mechanism of disparate impact.

To which one of the following cases would the concept of disparate impact potentially apply? 单项选择题

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To violate Title VII of the Civil Rights Act under the concept of disparate impact, an employer must have acted with discriminatory intent.

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