Seismic load is a type of dynamic load that can easily induce the failure of the foundation slope. Using the continuum-based discrete element method in continuum mechanics, herein, the rupture degree and permanent displacement are defined and their evaluation steps are proposed. The sensitivity of rupture degree and the permanent displacement of overburden under seismic force are also analyzed. A new stability evaluation method for an overburden layer under seismic load, which considers rupture degree and permanent displacement, is established. The results showed that the overburden layer and the interface between bedrock and overburden are damaged to a certain extent under the action of a small-intensity earthquake (a peak = 0.03–0.06 g), although the overburden surface is not damaged. With the increase of seismic frequency and slope height, the permanent displacement of overburden decreases, although it increases with the increase of peak acceleration and slope angle. Furthermore, duration has little to no influence on the permanent displacement of the overburden under the condition of a small or moderate earthquake. In the case of a large earthquake, the permanent displacement of overburden increases linearly with the increase in duration.