Which statement best contrasts disparate treatment and disparate impact?

• A. Disparate treatment is unintentional discrimination; disparate impact is intentional.
• B. Both are the same.
• C. Disparate treatment is intentional discrimination; disparate impact is a neutral policy that disproportionately affects a protected class without a legally valid justification.
• D. Disparate impact requires a showing of intent.

Answer: (C)

The main idea here is distinguishing intentional discrimination from discrimination by impact. Disparate treatment involves a decision made with the purpose of treating someone unfavorably because of a protected characteristic. In contrast, disparate impact concerns a policy that is neutral on its face but has a disproportionately adverse effect on a protected class, and it can be unlawful if there isn’t a legitimate, legally valid justification for that policy. So, the statement that best contrasts these is that disparate treatment is intentional discrimination, while disparate impact is a neutral policy that disproportionately affects a protected class without a legally valid justification.