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    Artificial Intelligence

    Disparate Impact

    Also known as:
    Adverse Impact
    Indirect Discrimination
    Disproportionate Impact
    Updated: 2/11/2026

    A legal concept: A seemingly neutral rule or practice that disproportionately negatively affects a protected group.

    Quick Summary

    Disparate impact occurs when a neutral algorithm disadvantages protected groups – the 80% rule is the classic fairness test.

    Explanation

    The 80% Rule (Four-Fifths Rule): If the selection rate of a group is less than 80% of the highest group rate, potential disparate impact exists. In ML: When a model systematically produces different outcomes for protected groups.

    Marketing Relevance

    Critical for marketing AI: Ad targeting, credit scoring, recruiting tools – wherever algorithms distribute access or resources.

    Example

    An ad targeting algorithm shows housing ads less to minorities although ethnicity is not a feature – proxy variables cause disparate impact.

    Common Pitfalls

    Proxy variables (zip code, name) can cause disparate impact without explicit protected attributes. Hard to prove without disaggregated data.

    Origin & History

    The term originates from US employment law (Griggs v. Duke Power, 1971). The 80% rule was formalized by the EEOC. In AI context, disparate impact became critical through studies on Facebook ad targeting (2019) and Amazon recruiting (2018).

    Comparisons & Differences

    Disparate Impact vs. Disparate Treatment

    Disparate treatment is intentional discrimination (e.g., explicit feature "gender"); Disparate impact is unintentional but systematic.

    Disparate Impact vs. Demographic Parity

    Demographic parity is a fairness metric; Disparate impact is a legal standard using the 80% threshold.

    Related Services

    Related Terms

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