Which statement best explains "disparate impact" in employment discrimination?

Disparate impact refers to employment practices or policies that, while seemingly neutral, disproportionately affect members of a protected group. This concept is primarily associated with Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination on the basis of race, color, religion, sex, or national origin.

Under the disparate impact theory, the focus is not on the intent behind a policy but rather on the actual effect it has on a group of people. For instance, if a company has a hiring test that disproportionately excludes candidates of a particular race and is not job-related or necessary for the business, it could be subject to a disparate impact claim.

This concept is crucial in identifying subtle forms of discrimination that might not be immediately apparent through the lens of intent alone. It allows for the examination of models and practices that, while applied uniformly to all applicants or employees, can still lead to unequal outcomes based on race, gender, or other protected characteristics.

In contrast to the other statements, which either wrongly focus on intent, treat everyone as a monolith without recognizing differences, or look at individual performance as the sole measure, the second statement accurately captures the essence of disparate impact as a critical area of examination in employment discrimination law.