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 Idaho, as in all states, employment discrimination is governed by both federal and state laws. Disparate impact refers to policies or practices that, while not intentionally discriminatory, result in a disproportionate adverse effect on members of a protected class. Disparate treatment, on the other hand, involves intentional discrimination where individuals in a protected class are treated differently or less favorably. Federal laws, such as the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), prohibit both disparate impact and disparate treatment based on protected characteristics including race, color, sex, sexual orientation, gender identity, national origin, religion, age, and disability. Idaho state law also prohibits employment discrimination and is enforced by the Idaho Human Rights Commission. Employers in Idaho must ensure that their hiring, promotion, and employment practices do not discriminate, either intentionally or unintentionally, against individuals in protected classes.