Krisscom Inc.is a store selling consumer electronics in an Asian neighborhood.Most of its customers are Chinese immigrants who do not speak English fluently.The store manager decides to hire only Chinese Americans who speak fluent Mandarin.Jack,a white employee,feels that this rule has a disparate impact on people who only speak English.He files a discrimination charge against Krisscom.Which of the following statements is true in this scenario?
A) Krisscom will most likely win the case if it uses the contributory negligence defense.
B) Krisscom will most likely use the business necessity defense to justify its actions.
C) Jack will win the case as there is no defense for an act of disparate treatment.
D) Jack will have to prove that Krisscom intentionally targeted Chinese customers to win the case.
E) Krisscom will most likely win the case if it uses the assumption-of-risk defense.

Question

Quizplus · Accepted Answer

Krisscom will most likely use the business necessity defense to justify its actions. In a disparate impact case, an employer can use the business necessity defense. This defense requires that the employer prove that the practices or policies used are job related and consistent with a business necessity. If Krisscom can prove that the need for Chinese American employees speaking Mandarin is a business necessity, it will most likely win the case.