Certified Nonprofit Professional Practice Exam

An employer's policy or practice that has a negative impact on employment opportunities of protected class individuals is referred to as __________.

1. Disparate treatment

2. Disparate impact

3. Discriminatory practice

4. Unfair advantage

The correct answer is: Disparate impact

The correct term for an employer's policy or practice that negatively affects employment opportunities for individuals in a protected class is "disparate impact." This concept arises when a seemingly neutral policy disproportionately impacts a specific group based on characteristics such as race, gender, age, or disability, even if there is no intent to discriminate. For example, if a company implements a hiring practice that requires a high school diploma for a position, this requirement may adversely affect certain groups that statistically have lower high school graduation rates, thereby causing a disparate impact. The law recognizes this form of discrimination because it can perpetuate systemic inequality, making it crucial for organizations to examine their policies and ensure they do not unintentionally disadvantage protected classes. Disparate treatment, on the other hand, involves intentional discrimination, where individuals are treated differently based on their protected characteristics. While discriminatory practices also address biases, they may not specify the impact aspect as clearly as disparate impact does. Unfair advantage does not carry any legal implications and isn’t a recognized term in the context of employment discrimination.