What is necessary for a plaintiff to show in a case of unintentional discrimination?

Study for the Business Senior Exam. Use flashcards and multiple-choice questions with hints and explanations. Prepare confidently!

In cases of unintentional discrimination, commonly referred to as disparate impact discrimination, it is essential for the plaintiff to demonstrate a connection between the employment practice in question and its discriminatory impact on a protected group. This means that the plaintiff must show that a specific employment policy or practice disproportionately affects individuals from a particular group based on attributes such as race, gender, age, or other characteristics protected under anti-discrimination laws.

Establishing this connection is crucial, as it moves the focus away from the intent of the employer and towards the effects of their policies. The plaintiff does not need to prove that the employer intended to discriminate; instead, they need to present statistical evidence or case studies illustrating that the policy in question results in significant adverse effects on certain groups. Courts analyze whether the employment practice is necessary for the business and if there are alternative practices that could serve the same purpose without causing the discriminatory impact.

The other options do not align with the legal requirements for proving unintentional discrimination. A history of employment discrimination cases might provide context but does not directly pertain to the specific case. A direct statement of intent to discriminate is relevant in cases of intentional discrimination and is not applicable here. Lastly, a personal grievance against the employer does not establish the necessary

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy