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:

Privacy Act

A law designed to protect an individual's personal information held by government agencies.

Personal Information

Information about an identifiable individual that includes but is not limited to name, age, contact details, ID numbers, and financial data.

Government Agencies

Bodies established by a government to perform specific functions or provide services in accordance with legal mandates.

Tort

An unjust action or violation of a right that results in civil legal accountability.