Four-Fifths (80%) Rule#
An adverse-impact guideline flagging a group selection rate below 80% of the top group’s.
Important
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What it is#
The four-fifths rule — also called the 80% rule — is the primary rule-of-thumb the U.S. EEOC uses to flag adverse (disparate) impact in a selection process. It comes from the Uniform Guidelines on Employee Selection Procedures (UGESP, 1978) and operates under Title VII of the Civil Rights Act. The rule: the selection rate for any protected group (by race, sex or ethnicity) that is less than four-fifths (80%) of the rate of the highest-selected group is generally treated as evidence of adverse impact.
How the ratio is computed#
Four steps. Compute each group’s selection rate — the number selected divided by the number of applicants. Identify the group with the highest rate; that becomes the baseline. Divide every other group’s rate by that baseline to get an impact ratio. If any ratio falls below 0.80, the procedure is flagged for that group.
A worked example#
An employer hires for a warehouse role: of 100 white applicants, 40 are hired (a 40% rate); of 80 Black applicants, 24 are hired (a 30% rate). The impact ratio is 30 / 40 = 0.75. Because 75% is below 80%, adverse impact is indicated against Black applicants and the procedure would be flagged for review. Note the test compares rates, not head-counts — a smaller group can still clear the bar if its rate is high enough.
A threshold, not a verdict#
Falling below 80% does not prove discrimination — it triggers investigation. Because the raw ratio ignores whether the gap is beyond chance, practitioners pair it with significance tests (Fisher’s exact, chi-square, or a standard-deviation analysis). Once adverse impact is indicated, the employer must show the procedure is job-related and consistent with business necessity, offer a less-discriminatory alternative, or modify it. Courts treat the rule as guidance, not a definitive legal standard.
Why it matters for ML#
The rule governs automated selection exactly as it governs human decisions: an AI resume screener or scoring model that selects one protected group at under 80% of the top group’s rate carries indicated adverse impact — even with no discriminatory intent. This is why the 80% ratio is the legal touchstone behind fairness criteria like demographic parity, which compares positive-outcome rates across groups.
Theme: Fairness & Calibration · All terminology
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Mind map — connected ideas
Demographic Parity (Statistical Parity) · Equal Opportunity (Fairness) · Equalized Odds (Fairness) · Predictive Parity (Calibration) · Discriminatory Power · Statistical Significance
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More in Fairness & Calibration
Demographic Parity (Statistical Parity) · Equal Opportunity (Fairness) · Equalized Odds (Fairness) · Fairness Guardrails · Fairness parity · Predictive Parity (Calibration) · Selection Rate
See also
Source article Adapted (context, re-expressed) in our own words from: Four-Fifths (80%) Rule (insightful-data-lab.com).