disparate-impact discrimination


Does "disparate-impact discrimination" here refer back to "disparate treatment"?

The legislative history and text of Title VII plainly indicate that the law targets explicit discrimination, otherwise known as disparate treatment.12 Congress did not, however, expressly codify a prohibition against disparate-impact discrimination—that is, conduct that appears to be nondiscriminatory but nonetheless has a discriminatory effect.13 As written in 1964, Title VII stated in section 706(g) that if the “respondent has intentionally engaged in or is intentionally engaging in an unlawful employment practice charged in the complaint,” the court “may enjoin the respondent from engaging in such unlawful employment practice, and order such affirmative action as may be appropriate.”

-Justin D. Cummins
Beth Belle Isle (Toward Systemic Equality: Reinvigorating a Progressive Application of the Disparate Impact Doctrine)

Source (PDF file)
  • PaulQ

    English - England
    No - disparate-impact -> having varying levels, types, etc. of impact -> differing, inconsistent, etc.
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