Question

Identify a true statement about disparate-impact cases.

1) The plaintiff articulates a legitimate, nondiscriminatory business reason for the action in question.
2) The plaintiff shows that the reason given by the employer is a mere pretext.
3) The plaintiff establishes that a rule disproportionately limits employment chances for a protected class.
4) The plaintiff demonstrates a prima facie case of discrimination.

Answer 1

A true statement about disparate-impact cases is that the plaintiff establishes that a rule disproportionately limits employment chances for a protected class. This type of claim focuses on the effects of a company policy rather than the intent to discriminate.

Step-by-step explanation:

Identify a true statement about disparate-impact cases: The correct answer is option 3) The plaintiff establishes that a rule disproportionately limits employment chances for a protected class. In the context of employment law, a disparate impact claim arises when policies or practices that are neutral in their wording have a disproportionate and adverse effect on members of a protected class (e.g., race, gender, age, etc.) as compared to other employees or job applicants.

The other options are not accurate for disparate-impact cases, as they more closely describe disparate-treatment claims, where the plaintiff must show intentional discrimination. In contrast, disparate-impact claims focus on the effects of a business practice rather than the employer's intent. The plaintiff need not demonstrate a prima facie case of intentional discrimination or that the employer's reasons are pretextual.