Question

ABC Company uses a personality test to select new hires for their entry-level positions. Using this test they have hired 40 out of 100 men who applied and 10 out of 50 women who applied. Which of the following is true?

a. This selection test is clearly illegal.
b. As long as the company hires all applicants who meet the minimum test score, they cannot be charged with illegal discrimination.
c. This is prima facie evidence of disparate impact
d. Because the company did hire several women, women who were rejected cannot file complaints of sex-based discrimination under Title VII

Answer 1

The hiring outcomes of ABC Company, with a higher proportion of men being hired compared to women, is prima facie evidence of disparate impact and may indicate unintentional sex-based discrimination under Title VII.

Step-by-step explanation:

The student's question is related to whether the personality test used by ABC Company to select new hires for their entry-level positions, which resulted in hiring 40 out of 100 men who applied and 10 out of 50 women who applied, provides evidence of discrimination. The correct answer is that this is prima facie evidence of disparate impact, which means that there appears to be a significant difference in the outcomes of hiring between men and women that may be unintentionally discriminatory. This does not automatically make it illegal, but the company may have to demonstrate that the personality test is job-related and consistent with business necessity under Title VII of the Civil Rights Act. Simply hiring a few women does not protect the company from complaints of sex-based discrimination under Title VII.