A plaintiff must prove all of the following in order to establish that disparate treatment has occurred EXCEPT:
A) That the employer made discriminatory remarks during the employment process.
B) That the employer rejected them.
C) That they are a member of a protected class.
D) That they applied for the employment opportunity and were qualified.
E) That someone else was selected or the company continued to search for applicants with the plaintiff's same qualifications.

Question

Quizplus · Accepted Answer

Discriminatory remarks during the employment process, while potentially indicative of bias, are not a required element to prove disparate treatment. The core elements involve rejection despite being qualified, being a member of a protected class, and the employer either choosing someone else or continuing to search for similarly qualified candidates.

A Plaintiff Must Prove All of the Following in Order