Disparate Treatment versus Adverse Impact: Which statement correctly describes their meanings?

• A. Disparate Treatment is the negative impact on a protected class; Adverse Impact is the unfair application of a rule, policy, or practice
• B. Disparate Treatment is a neutral application of policy; Adverse Impact is positive for a protected class
• C. Disparate Treatment is the unfair application of a rule, policy, or practice; Adverse Impact is the application of a rule that has a negative impact on a protected class
• D. Disparate Treatment and Adverse Impact are the same concept

Answer: (C)

Disparate treatment means deliberately applying rules or decisions in a way that singles out someone because of a protected characteristic. Adverse impact, on the other hand, happens when a neutral rule or policy produces a negative outcome for members of a protected class, even if no one intended to discriminate.

The statement that matches this distinction says disparate treatment is the unfair application of a rule, policy, or practice, reflecting intentional bias. Adverse impact is the application of a rule that has a negative impact on a protected class, focusing on the effects rather than intent.

For context, an example of disparate treatment would be denying a job opportunity specifically because of race or gender. An example of adverse impact would be a screening test that is neutral on its face but results in disproportionately fewer hires from a protected class.