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Ethics & Fraudeasy17% of exam

The primary difference between disparate treatment and disparate impact discrimination is:

Correct Answer

B) Disparate treatment requires intent while disparate impact focuses on effects

The key distinction is that disparate treatment requires proof of intentional discrimination based on protected class membership, while disparate impact focuses on whether a facially neutral practice has a discriminatory effect on protected classes, regardless of intent. Both theories apply to all protected classes under fair lending laws.

Answer Options
A
Disparate treatment affects more people than disparate impact
B
Disparate treatment requires intent while disparate impact focuses on effects
C
Disparate impact is more serious than disparate treatment
D
Disparate treatment only applies to race while disparate impact applies to all protected classes

Why This Is the Correct Answer

The key distinction is that disparate treatment requires proof of intentional discrimination based on protected class membership, while disparate impact focuses on whether a facially neutral practice has a discriminatory effect on protected classes, regardless of intent. Both theories apply to all protected classes under fair lending laws.

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