Disparate Impact and Subjective Employment Criteria under Title VII

Title VII disparate impact suits against state governments after Hibbs and Lane.

The disparate impact theory of Title VII of the Civil Rights Act of 1964 enables employees and job applicants to challenge employment practices that, although neutral on their face, have a disproportionate, adverse effect on the basis of race, sex, or national origin. It permits challenges to a wide variety of employment practices—including standardized tests, diploma requirements, height and w...

Disparate Impact Realism

Under-employment and rural migration in iran

Does mitigating ML's disparate impact require disparate treatment?

Following related work in law and policy, two notions of prejudice have come to shape the study of fairness in algorithmic decision-making. Algorithms exhibit disparate treatment if they formally treat people differently according to a protected characteristic, like race, or if they intentionally discriminate (even if via proxy variables). Algorithms exhibit disparate impact if they affect subg...

Is Disparate Impact Having Any Impact? An Appellate Analysis of Forty Years of Disparate Impact Claims Under the Fair Housing Act