In a Disparate Impact Case, If an Employer Can Show

question 70

Multiple Choice

In a disparate impact case, if an employer can show that a challenged employment practice is job-related and consistent with business necessity, the plaintiff can still win by showing that:

• A) there is an alternative practice that would have less discriminatory effects but the employer declines to use it.
• B) the employer has engaged in a pattern or practice of discrimination.
• C) the difference in selection rates across protected-class groups is statistically significant.
• D) there is additional evidence of a discriminatory motive.

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Definitions:

Labor-Force Participation Rate

The portion of the working-age population that is engaged in or seeking employment, including both employed and unemployed individuals.

Unemployment Rate

The percentage of people in the labor pool who are without employment and are actively hunting for jobs.

Labor-Force Participation Rate

The percentage of the working-age population that is in the labor force, including both employed and unemployed individuals.

Employed

The state of having paid work or being engaged in an activity or enterprise as a means of earning an income.