Final answer:
To prove a disparate impact case, an employee must show that an employer's actions disproportionately affect a protected class, without needing to prove intentional discrimination. In cases of racial discrimination, it must be shown that the employer pays less to an employee than to another employee of a different race with comparable job qualifications.
Step-by-step explanation:
In order to prove a disparate impact case, an employee must establish the actions of employer which affect employment opportunities of a protected class. This means that the employee doesn't need to show intentional discrimination or that the employer profited from the discriminatory practice. Instead, they must demonstrate that the employer's practices, policies, or rules have a disproportionately negative impact on a protected group such as race, gender, or religion, even if those practices are neutral on the surface.
To prove a case of racial discrimination, for instance, it's essential for the employee to show that they are paid less than another employee of a different race for doing the same job, with similar levels of education, experience, and expertise. In accordance with Title VII of the Civil Rights Act of 1964, it's illegal to discriminate against employees in terms of compensation, hiring, and other employment terms based on their race, color, religion, sex, or national origin.