What does the term "disparate impact" refer to in the context of discrimination?

The term "disparate impact" refers to a situation where a neutral policy or practice has a disproportionately negative effect on a particular group, even if there is no intent to discriminate against that group. This concept is crucial in understanding how certain policies can inadvertently create barriers for individuals based on their race, ethnicity, gender, or other protected characteristics.

For instance, a hiring practice that requires a specific test for all applicants may be deemed neutral, but if it disproportionately disqualifies candidates from a certain demographic group, it can illustrate disparate impact. This term highlights the importance of evaluating the outcomes of policies beyond their surface-level intentions, emphasizing the need for equality in practical implications rather than just in policy formulations.

The other options, while related to discrimination, do not encapsulate the definition of "disparate impact." The focus on neutral policies reflects the idea that impact can be prioritized over intent, which is critical in legal and social discussions surrounding discrimination.