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paraphrase Disparate impact discrimination based on race materializes when an employer engages in what appears to be neutral conduct, but the conduct results in a

paraphrase Disparate impact discrimination based on race materializes when an employer engages in what appears to be neutral conduct, but the conduct results in a disproportionate impact on individuals belonging to a particular race. p. 59 Specifically, employers could be subject to liability for limiting their recruitment efforts to nondiverse applicant pools such as certain schools or universities, or the social networks of their current employees. This is because this type of conduct, while on its face appearing neutral and nondiscriminatory, could deny certain minority groups access to an employer's recruitment process. Requiring applicants to have a particular educational background that is not necessary to perform a job is another example of a policy that may appear to be neutral but could result in liability if its implementation produces a discriminatory result

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