---
title: "Disparate Impact"
type: Legal Term
source: https://casebriefly.com/legal-terms/disparate-impact
---

# Disparate Impact

Disparate impact, first recognized in Griggs v. Duke Power Co. and codified in the Civil Rights Act of 1991, is a theory of discrimination under Title VII that does not require proof of intentional discrimination. Instead, the plaintiff must show that a facially neutral employment practice (such as a standardized test or height requirement) disproportionately excludes members of a protected group. Once a prima facie case is established through statistical evidence, the burden shifts to the employer to demonstrate that the challenged practice is job-related and consistent with business necessity. As Albemarle Paper Co. v. Moody emphasized, testing criteria must be validated against actual job performance to survive disparate impact scrutiny.

## Related Terms

- disparate-treatment
- title-vii
- bfoq
- eeoc

## Related Cases

- albemarle-paper-co-v-moody

## Example

A fire department's physical fitness test that eliminates 85% of female applicants but only 20% of male applicants may constitute disparate impact discrimination unless the department can prove the test measures abilities actually required for firefighting.

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Source: [Disparate Impact — CaseBriefly](https://casebriefly.com/legal-terms/disparate-impact)