When the plaintiff establishes a case based on disparate impact, which of the following options are available to the employer as a defense?
A) Remove the disparate impact (e.g., adjust cutoff scores)
B) Find equally valid alternative practice(s) with less disparate impact
C) Demonstrate the validity of the employment practice
D) Demonstrate the business necessity of the employment practice
E) All of these

Question

Quizplus · Accepted Answer

All of these are available as defenses to an employer in a disparate impact case. The employer can either remove the disparate impact by adjusting cutoff scores, find equally valid alternative practice(s) with less disparate impact, demonstrate the validity of the employment practice, or demonstrate the business necessity of the employment practice.

When the Plaintiff Establishes a Case Based on Disparate Impact