By: Dylan de Kervor and Mara Youdelman
Executive Summary
Section 1557 generally prohibits different treatment (also referred to as “intentional discrimination”) and discriminatory effects (also referred to as “disparate impact”). These theories recognize that discrimination shows up in many forms — sometimes there may be an explicit reference to categorization on the basis of a protected identity, but it may also be the case that a facially neutral policy has the result of treating people differently and subjecting them to unfair treatment. This resource discusses and provides examples of discrimination under each of these theories.
