disparate impact

disparate impact
   American
   a difference in intelligence, education, or ability
   Sociological jargon to explain away the result of any examination or test where one group consistently achieves better results than another:
    Wherever there is 'disparate impact' — one race getting more marks than another — the Government assumes bias in the methodology of testing. (Sunday Telegraph, 20 November 1994 — for ten years the NYPD had failed to evolve tests which resulted in whites and blacks achieving equal results)

How not to say what you mean: A dictionary of euphemisms. . 2014.

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