US civil rights law prohibits employers from discriminating on the basis of characteristics such as race and gender. Prohibited discrimination can take the form of disparate treatment or disparate impact. Disparate treatment is easy to spot: it is simply treating members of different groups differently. For example, an employer who refuses to hire women would be liable under disparate treatment. Disparate impact is typically more difficult to see. It arises when a test or procedure the employer uses has the effect of discriminating against members of one group versus another. An employer who gives applicants a speech test that is scored by software that picks up lower pitches better than higher pitches might be liable under disparate impact, as women would likely perform worse on the test. (Employers are allowed to discriminate, though, if they can show that the characteristic they are using to select employees is a requirement to do the job.)
I think the concepts of disparate treatment and disparate impact are useful for talking about how the Church discriminates. In using these terms, I’m not suggesting that members are like employees; I’m just borrowing the terms to have an easy way to refer to different types of discrimination.