What is disparate impact discrimination?
Answer
Disparate impact occurs when a neutral employment policy disproportionately harms members of a protected group, even if the employer did not intend to discriminate. For example, requiring a physical test that women pass at much lower rates than men, or using criminal background checks that disproportionately screen out certain racial groups. Under FEHA, you can challenge policies with disparate impact even without proving discriminatory intent.
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