Which statement most accurately describes the difference between disparate treatment and disparate impact?

• A. Disparate treatment is about neutral policies with a disproportionate effect; disparate impact is about intentional discrimination.
• B. Disparate treatment involves intentional discrimination; disparate impact requires malice.
• C. Disparate treatment and disparate impact are the same.
• D. Disparate treatment involves intentional discrimination, whereas disparate impact involves neutral policies with discriminatory effects.

Answer: (D)

The difference being tested is between intent and effect. Disparate treatment refers to intentional discrimination—treating someone differently because of a protected characteristic. Disparate impact, on the other hand, applies to policies that are neutral on their face but produce a discriminatory effect in practice; intent isn't required, only the policy’s discriminatory outcome. That’s why the statement that disparate treatment involves intentional discrimination while disparate impact involves neutral policies with discriminatory effects is the best description. The other options mix up the definitions or claim they are the same, or add requirements like malice that don’t apply to disparate impact.