Implicit Discrimination

/ɪmˈplɪsɪt dɪsˌkrɪmɪˈneɪʃən/

Definitions

  1. (n.) Discrimination that occurs indirectly or without explicit intent but results in a disparate impact on a protected group.
    The policy was challenged on grounds of implicit discrimination against minority employees.

Forms

  • implicit discrimination

Commentary

Implicit discrimination is often demonstrated through statistical evidence of disparate impact rather than explicit intent; drafters should clearly distinguish it from explicit forms of discrimination.

This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.

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