Question

If a defendant can avoid liability in a disparate-impact case by demonstrating that the discrimination was a business necessity, at this point the burden on the plaintiff is?

1) to demonstrate a prima facie case of discrimination.
2) to establish statistically that a rule restricts employment for those in a protected class.
3) to prove that the necessity is a mere pretext for discrimination.
4) to articulate a legitimate, nondiscriminatory business reason for the action.

Answer 1

In a disparate-impact case, the burden on the plaintiff is to prove that the defendant's claim of business necessity is a pretext for discrimination.

Step-by-step explanation:

In a disparate-impact case, if a defendant can avoid liability by demonstrating that the discrimination was a business necessity, the burden on the plaintiff is to prove that the necessity is a mere pretext for discrimination. This means that the plaintiff needs to show that the defendant's claim of business necessity is not genuine and is just a cover-up for discriminatory practices. They must present evidence that the defendant's actions were motivated by discriminatory intent rather than a legitimate, nondiscriminatory business reason.