Disparate Impact?

From Wikipedia::
"The theory of disparate impact holds that practices may be considered discriminatory and illegal if they have a disproportionate "adverse impact" on persons in a protected class. Although the protected classes vary by statute, most federal civil rights laws protect based on race, color, religion, national origin, and gender as protected traits, and some laws include disability status and other traits as well.

Under this theory, a violation of Title VII of the 1964 Civil Rights Act may be proven by showing that an practice or policy has a disproportionately adverse effect on members of the protected class as compared with non-members of the protected class. Therefore, the disparate impact theory under Title VII prohibits someone  "from using a facially neutral practice that has an unjustified adverse impact on members of a protected class. A facially neutral practice is one that does not appear to be discriminatory on its face; rather it is one that is discriminatory in its application or effect."^[Where a disparate impact is shown, the plaintiff can prevail without the necessity of showing intentional discrimination unless the defendant demonstrates that the practice or policy in question has a demonstrable relationship to the requirements in question."