The theory of disparate impact arose from the Supreme Court's landmark decision in Griggs v. Duke Power Co. (1971), a case presenting a challenge to a power company's requirement that employees pass an intelligence test and obtain a high-school diploma to transfer out of its lowest-paying department.

What are disparate impact cases?

Disparate impact lawsuits claim that an employer's facially neutral practice had a discriminatory effect. ... Disparate impact is a way to prove employment discrimination based on the effect of an employment policy or practice rather than the intent behind it.

What are some examples of disparate impact?

Disparate impact refers to discrimination that is unintentional. The procedures are the same for everyone, but people in a protected class are negatively affected. For example, say that job applicants for a certain job are tested on their reaction times, and only people with a high score are hired.