How can a plaintiff demonstrate disparate impact?

A plaintiff can demonstrate disparate impact by comparing the employer's applicants to qualified individuals. This method focuses on showing that a particular policy or practice adopted by the employer disproportionately affects a specific group, even if there was no intent to discriminate. By analyzing relevant data, such as the selection rates of different demographic groups in relation to their qualifications, a plaintiff can establish that despite equal application of the employer's policy, it results in less favorable outcomes for certain groups.

This approach is rooted in the understanding that discrimination can occur unintentionally, through seemingly neutral policies that adversely affect protected groups. Rather than needing to prove intentional bias or personal grievances, the plaintiff relies on statistical evidence to show that the employer's employment practices result in a significant disparity between different groups, thus meeting the criteria for a disparate impact claim.