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 New York, both disparate impact and disparate treatment are recognized forms of employment discrimination that are prohibited under federal laws such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). Disparate treatment refers to intentional discrimination where an employer treats an individual less favorably because of their membership in a protected class. Disparate impact, on the other hand, involves employment practices that, while neutral on their face, disproportionately affect members of a protected class and are not job-related or necessary to the operation of the business. New York State Human Rights Law also prohibits these forms of discrimination and provides additional protections. It is important for employers to regularly review their employment policies, practices, and procedures to ensure they do not cause a disparate impact on protected groups and to avoid engaging in disparate treatment. Victims of either form of discrimination may seek remedies including reinstatement, back pay, and damages. An attorney specializing in employment law can provide guidance on these matters.