Question

A rule that is not automatically discriminatory, but which may be discriminatory in practice because it excludes too many people in a protected group is considered​

Answer 1

A rule that is not automatically discriminatory but which may be in practice, due to excluding too many people of a protected class would be a disparate impact rule. This applies if the employer has a rule that as stated, is not discriminatory, but in practice excludes too many people in a protected group.