Questions: Question 39 0.3 pts Which of the following is true about disparate impact? Disparate impact occurs when a company intentionally discriminates against a protected group. Any employment practice that has disparate impact on a protected group is always illegal. An employment practice may have disparate impact on a protected group, yet still be considered legal if the practice is related to the job. Disparate impact is the same as disparate treatment. Next

Question 39
0.3 pts

Which of the following is true about disparate impact?
Disparate impact occurs when a company intentionally discriminates against a protected group.
Any employment practice that has disparate impact on a protected group is always illegal.
An employment practice may have disparate impact on a protected group, yet still be considered legal if the practice is related to the job.
Disparate impact is the same as disparate treatment.
Next
Transcript text: Question 39 0.3 pts Which of the following is true about disparate impact? Disparate impact occurs when a company intentionally discriminates against a protected group. Any employment practice that has disparate impact on a protected group is always illegal. An employment practice may have disparate impact on a protected group, yet still be considered legal if the practice is related to the job. Disparate impact is the same as disparate treatment. Next
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Solution

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The answer is: An employment practice may have disparate impact on a protected group, yet still be considered legal if the practice is related to the job.

Explanation for each option:

  1. Disparate impact occurs when a company intentionally discriminates against a protected group.
    This statement is incorrect. Disparate impact refers to practices that are neutral on their face but have a disproportionate adverse effect on a protected group. It does not require intent to discriminate, unlike disparate treatment, which involves intentional discrimination.

  2. Any employment practice that has disparate impact on a protected group is always illegal.
    This statement is incorrect. An employment practice that results in disparate impact is not automatically illegal. It can be considered legal if the employer can demonstrate that the practice is job-related and consistent with business necessity.

  3. An employment practice may have disparate impact on a protected group, yet still be considered legal if the practice is related to the job.
    This statement is correct. Under U.S. employment law, particularly Title VII of the Civil Rights Act of 1964, an employer can justify a practice that has a disparate impact if it is job-related and necessary for the operation of the business.

  4. Disparate impact is the same as disparate treatment.
    This statement is incorrect. Disparate impact and disparate treatment are two different legal concepts. Disparate treatment involves intentional discrimination, while disparate impact involves practices that are neutral but disproportionately affect a protected group.

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