There is no Council policy setting the threshold for disparate impact/disproportionate burden. However,
staff has been using the “four-fifths rule” as we have conducted Title VI reviews for the past few years. The
“four-fifths rule” is taken from the EEOC’s Uniform Guidelines on Employee Selection. Section 4D states “A
selection rate for any race, sex, or ethnic group which is less than four-fifths (4/5) (or eighty percent) of
the rate for the group with the highest rate will generally be regarded by the Federal enforcement
agencies as evidence of adverse impact, while a greater than four-fifths rate will generally not be
regarded by Federal enforcement agencies as evidence of adverse impact.”
Essentially, it says there could be evidence of disparate impact or disproportionate burden if:
1.
Benefits are being provided to minority or low-income populations at a rate less than 80% (fourfifth) than the benefits being provided to non-minority or non-low-income populations
2.
Adverse effects are being borne by non-minority or non-low-income populations at a rate less than
80% (four-fifth) than the adverse effects being borne by non-minority or non-low-income populations.