Disparate impact is when a an employer discriminates against a group of the same people. An employer may not discriminate against an entire group just because the group may be women or black. Disparate impact is described as discrimination and practices that are fair in form but discriminatory in operation. An example of DI may be having to take a written test, height and weight requirements, educational requirements. Disparate impact cases are very complex in nature and need a lot more evidence than disparate treatment.
Mr. Cureton belied and found that the Division I NCAA requirement eligibility to be admitted into a college were of discriminatory nature. He alleged that the NCAA Proposition 16 was discriminating against freshman with low GPA averages. He stated the Proposition 16 was constituted as illegal racial discrimination because it federally protected minorities with low academic GPA's and that do not meet the requirements of school more than it protected whites.
In Cureton NCAA case the allegations were that the NCAA's Division I eligibility requirements disqualified too many incoming black college freshmen whose high school academic performance and SAT scores were below the cutoffs established by the NCAA. The plaintiffs never had to argue that they were academically qualified or that their academic qualifications were deliberately disregarded for racial reasons. Disparate impact makes that kind of tedious, time-consuming proof unnecessary.
In March of 1999 the U.S. District Judge Roald L Buckwalter ruled for the minority students and against the NCAA'S academic procedures. That same month the 3rd U.S. Circuit Court of Appeals stayed the order by U.S. District Judge Roald L Buckwalter. On December 22, 1999 Buckwalter's ruling was overturned on appeal. The panel that overturned the ruling consisted of three judges for the U.S. Court of Appeals. The ruling was a 2 to 1...