According to the employer, Manuel, a 51-year-old Hispanic male, was not selected for the maintenance position because his references did not provide positive feedback about him. However, the employer was concerned that since he would be the only Hispanic in the department it may cause tensions among the staff if they hired him. This is an example of:
A) disparate impact.
B) prima facie.
C) BFOQ.
D) mixed motive.
E) undue hardship.

Question

Quizplus · Accepted Answer

This is an example of mixed motive because the employer considered both legitimate and discriminatory factors in the decision-making process. The reference feedback was a legitimate factor, but the concern about potential tensions based on Manuel's race or national origin was discriminatory.

According to the Employer, Manuel, a 51-Year-Old Hispanic Male, Was