Asked by Stanley Little on Apr 29, 2024
Verified
In a disparate impact case, the Civil Rights Act of 1991 now provides that if an employer can prove the "business necessity" of a challenged employment practice, the plaintiff cannot win.
Disparate Impact
A theory in employment law where practices may be considered discriminatory if they have a disproportionate adverse effect on members of a minority group, even if unintentional.
Civil Rights Act
A landmark piece of legislation in the United States that outlaws discrimination based on race, color, religion, sex, or national origin.
Business Necessity
A justification for implementing certain policies or actions as essential for the operation of a business.
- Understand the definition and implications of disparate treatment and impact in employment discrimination cases.
Verified Answer
OA
Ogundola AkintoyeApr 30, 2024
Final Answer :
False
Explanation :
The Civil Rights Act of 1991 allows a plaintiff to win a disparate impact case even if the employer proves "business necessity" for the challenged practice, by demonstrating that an alternative employment practice exists that serves the employer's needs without creating the disparate impact.
Learning Objectives
- Understand the definition and implications of disparate treatment and impact in employment discrimination cases.