What is an example of a discriminatory policy under the concept of disparate impact?

Disparate impact refers to policies or practices that are neutral on their face but disproportionately affect a particular group of people based on a protected characteristic, without any justification related to job performance or business necessity.

In the context of the given choices, a hiring policy that favors height over ability can illustrate a case of disparate impact. Height as a criterion may unintentionally exclude certain groups, such as women or individuals of different ethnicities, who may not meet this arbitrary standard despite being fully qualified for the position. The focus on height rather than ability does not demonstrate a direct link to job performance and therefore can be seen as discriminatory against those who do not fit the height criteria.

The other options do not fit the definition of disparate impact. A policy giving preferential treatment to applicants of a certain religion represents direct discrimination rather than an impact based on a neutral policy. Similarly, a performance evaluation method based solely on age could be seen as direct age discrimination rather than an example of disparate impact, as it explicitly uses age as a criterion. Lastly, a mentorship program limited to full-time employees does not create a disproportionate impact among protected groups unless the limitation disproportionately affects a specific demographic.