Disparate treatment and impact

Q: What is the difference between disparate treatment and disparate impact?  

Disparate treatment refers to when an employer knowingly and deliberately discriminates against people on the basis of specific characteristics such as race or sex. Disparate impact, also known as adverse impact, refers to situations where a facially neutral employment policy or practice adversely affect a protected class of employees. The most common example of disparate impact is when an employer uses selection criteria that, intentional or not, screens out a disproportionate number of women and/or minorities.

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