Disparate impact and disparate treatment refer to discriminatory employment practices. The distinction between these two types of discriminatory practices often focuses on the employer’s intent.

Disparate impact is often referred to as unintentional discrimination and disparate treatment is often referred to as intentional discrimination. The terms adverse impact and adverse treatment are sometimes used in place of disparate impact and disparate treatment.

Disparate impact occurs when policies, practices, rules, or other processes that appear to be neutral result in a disproportionate impact on a protected group of persons.

For example, testing all applicants and using results from that test that will unintentionally eliminate certain minority applicants disproportionately is disparate impact. And testing a particular skill of only certain minority applicants is disparate treatment.

Federal laws prohibit job discrimination based on race, color, sex, sexual orientation, gender identity or expression, national origin, religion, age, military status, equal pay, pregnancy, disability, or genetic information and prohibit both disparate treatment and disparate impact discrimination.


In Alaska, as in all states, employment discrimination is governed by both federal and state laws. Disparate impact refers to policies or practices that, while neutral on their face, disproportionately affect a protected class and are not job-related or necessary to the operation of the business. Disparate treatment, on the other hand, involves treating an individual differently based on their membership in a protected class. Federal laws, such as the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the Genetic Information Nondiscrimination Act (GINA), prohibit both disparate impact and disparate treatment discrimination. These laws apply to employers in Alaska and protect against discrimination based on race, color, sex, sexual orientation, gender identity or expression, national origin, religion, age, military status, equal pay, pregnancy, disability, or genetic information. The Alaska Human Rights Commission enforces the state's anti-discrimination laws, which are consistent with federal standards, providing additional local resources for individuals who believe they have been subjected to employment discrimination.