A law such as a disparate impact requirement can both advance a public policy aim (affirmative action) and constitute a justified basis for calling non-compliance wrongful.

However, the contrast between laws that aim to advance a public policy aim and laws that aim to prohibit or restrict wrongful conduct may be ill drawn. Suppose that disparate impact laws amount to a mild form of affirmative action. The law requires that if an employer can choose among several alternative employment practices, all roughly equally effective in advancing her business aims, she must choose the one that does the most to advance the hiring and promotion of members of protected and und