---
title: "Disparate impact"
description: "A facially neutral practice that falls harder on a protected group."
canonical: https://aigovernanceengineer.com/glossary/disparate-impact
author: "Jorge García Aibar"
license: "CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/)"
doi: https://doi.org/10.5281/zenodo.22956197
version: "0.5.0"
updated: 2026-09-24
---

# Disparate impact

A facially neutral practice that falls harder on a protected group. Under US Title VII the employer must show the practice is job related and consistent with business necessity, and loses if it refuses a less discriminatory alternative [1]. The EU counterpart is indirect discrimination.

- Developed in: [ch. 16, Disparate treatment and disparate impact](https://aigovernanceengineer.com/bok/fairness-and-explainability#disparate-treatment-and-disparate-impact); [ch. 20, Disparate treatment, disparate impact and proxies](https://aigovernanceengineer.com/bok/existing-law#disparate-treatment-disparate-impact-and-proxies)
- Chapters: [ch. 16, Fairness & XAI](https://aigovernanceengineer.com/bok/fairness-and-explainability) · [ch. 20, Existing Law](https://aigovernanceengineer.com/bok/existing-law)
- Contrast with: [Disparate treatment](https://aigovernanceengineer.com/glossary/disparate-treatment) · [Indirect discrimination](https://aigovernanceengineer.com/glossary/indirect-discrimination)
- In the glossary chapter: https://aigovernanceengineer.com/bok/glossary#t-disparate-impact

## Sources

[1] 42 U.S.C. § 2000e-2 (Title VII: unlawful employment practices; 2000e-2(k) burden of proof in disparate-impact cases, business necessity and less discriminatory alternatives). Legal Information Institute, Cornell Law School. 2026. https://www.law.cornell.edu/uscode/text/42/2000e-2 (verified: secondary)