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Adverse Impact

When a seemingly neutral policy or practice disproportionately disadvantages a protected group.

Adverse impact, closely related to indirect discrimination, arises where a rule or process that appears neutral in fact puts people sharing a protected characteristic at a particular disadvantage.

A recruitment test, shift pattern or qualification requirement can all create adverse impact even without any intent to discriminate.

Employers should monitor outcomes across groups and be ready to justify any requirement as a genuine, proportionate business need, removing barriers that cannot be justified.

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