Disparate Impact

Donative Intent

When a facially neutral policy disproportionately affects one group, this can be the basis of a discrimination lawsuit if the group affected is protected by discrimination laws (such as race, sex, or age). for example, an employer’s policy requiring all employees have the ability to lift 50 pounds could disproportionately affect women. unless the employer had a good reason for such a policy, it could be discriminatory, even though it doesn’t explicitly exclude women.

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