disproportionate impact

Disproportionate impact refers to the effect of a practice that appears neutral on its own, but has an unequal, negative impact on a specific group of people. Disproportionate impact may be present in a government or other organization’s policies and practices, even if unintentional and there is no stated plan to discriminate. For example, in Griggs v. Duke Power Co., the Supreme Court held that the defendant’s employment practice of requiring intelligence tests that did not measure an applicant’s ability to perform the job, had a disproportionate impact on African Americans. 

Disproportionate and disparate impact are commonly interchanged, with with disparate impact most often recognized in employment discrimination law. In order to prove a facially neutral policy is discriminatory, a petitioner must first show the court that a disproportionate/disparate impact exists. Then, the respondent has the burden of proving a legitimate justification for the policy and that there was no less discriminatory way to achieve the intended result. 

[Last reviewed in March of 2025 by the Wex Definitions Team]

Keywords

• constitutional law

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