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Governance, Law & Compliance

Disparate impact

A practice putting one group at a greater disadvantage, even without explicitly treating that group differently.

Example

An automated selection rule produces markedly different outcomes across groups.

Why people use it

It helps examine whether a seemingly neutral practice disadvantages a group.

What you'll hear

“Are the outcomes uneven across groups?”

What this means for you

Investigate causes and obtain appropriate review for consequential decisions.

Can you control it?

No

No direct control. This describes a wider issue, concept or result rather than something you can simply switch on or off in a tool.

Common questions

Does an observed disparity alone settle a legal conclusion?
No. Legal tests and background information differ; statistical disparity is one part of analysis.
Can the rules avoid mentioning groups and still have uneven effects?
Yes. Other requirements or information can affect groups differently.
Does an overall success rate show who was disadvantaged?
No. Group-level outcomes may need separate examination.

Related terms

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