To which one of the following cases would the concept of disparate impact potentially apply?

Question

BlackTom AI · Accepted Answer

When evaluating disparate impact, we look for practices that are facially neutral but have a disproportionately adverse effect on a protected group.
Option 1: A majority applicant is rejected on the grounds that the company only hires individuals from the minority group.
This describes overt (disparate treatment) discrimination, where the decision is explicitly based on group membership, not a neutral policy that incidentally harms a group.
Option 2: Employees belonging to the minority group are given more privileges and benefits compared to employees belonging to the majority group.
This is also unequal treatment, but in the direction of favoring one group; it does not illustrate a neutral policy with adverse impact, so it does not exemplify disparate impact.
Option 3: A Black associate is passed over for promotions because of the prejudices of his/her manager, while other Black coworkers receive fair promotion opportunities.
Here, the factor is explicit prejudice or discriminatory decision-making by a manager, which is disparate treatment, not disparate impact, since it involves intentional bias in a particular decision rather than a neutral policy affecting outcomes.
Option 4: Minority applicants are disproportionately rejected due to a high school diploma requirement.
This is the classic example of disparate impact: the policy (high school diploma requirement) is neutral on its face but has a disproportionate adverse effect on a minority group, potentially failing to justify the policy if it is not a business necessity.
Option 5: Minority group applicants with high test scores are selected over majority group applicants with similar test scores due to an affirmative action plan.
Affirmative action plans can involve targeted selection, which may be allowed under certain legal frameworks, but this option frames a targeted selection outcome rather than a neutral policy producing disparate impact; the presence of an affirmative action plan changes the context and typically involves a different legal analysis (and may not illustrate disparate impact in the classic sense).
In sum, the statement that best aligns with the definition of disparate impact is the one describing a neutral requirement (the high school diploma) that disproportionately excludes minority applicants, revealing the core mechanism of disparate impact.

To which one of the following cases would the concept of disparate impact potentially apply?

查看解析

登录即可查看完整答案

类似问题

Question at position 21 Griggs v. Duke Power identified and defined disparate impact when a protected class of employees challenged the company’s selection requirements for hire or transfer.FalseTrue

The zoo requires that the giraffe handlers be at least 6 feet tall, due to the animal’s long necks. Relying on its policy, the zoo refuses to hire Penelope, who is 5 feet 2 inches in height, for the position of giraffe handler. Under these circumstances, the zoo has:

To violate Title VII of the Civil Rights Act under the concept of disparate impact, an employer must have acted with discriminatory intent.

The zoo requires that the giraffe handlers be at least 6 feet tall, due to the animal’s long necks. Relying on its policy, the zoo refuses to hire Penelope, who is 5 feet 2 inches in height, for the position of giraffe handler. Under these circumstances, the zoo has:

Disparate-impact discrimination occurs when an employer intentionally discriminates against an employee who is a member of a protected class.

Under _________, intent is irrelevant.

更多留学生实用工具

考试浏览器助手

风格化写作助手

论文查重助手

文献引用助手

课堂转译助手

课堂笔记助手

Quiz搜索助手

学校历年真题

智能刷题助手

智能匹配练习

希望你的学习变得更简单