If the plaintiff establishes disparate impact, the defendant must:
A) Articulate a legitimate nondiscriminatory reason
B) Establish the job relatedness of the employment practice in question
C) Establish that they are a member of a protected group
D) Pay damages and restitution

Question

Quizplus · Accepted Answer

In cases of disparate impact, the defendant must establish the job relatedness of the employment practice in question to defend against the claim. This means demonstrating that the practice is necessary for the operation of the business and is not intended to discriminate.

If the Plaintiff Establishes Disparate Impact, the Defendant Must