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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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