Question

Select the case that would most likely be filed under disparate impact.

A. Hakeem is not permitted to train on a new manufacturing machine because he has not yet completed his company's mandatory workplace safety training course.

B. Betsy's coworker, Candice, is up for a promotion. Both were hired at the same time for the same entry-level accounting positions, and both have the same level of education. However Candice consistently seeks to take on additional responsibilities, while Betsy barely turns her own work in on time.

C. Chantel wants to be part of her local police force. Both men and women are encouraged to apply, but Chantel discovers the force has a minimum height requirement of 5'10''. She is 5'6''.

D. Ralph is reviewing applications for an open position at his company. One step in the hiring process requires him to investigate conviction records for all of the job applicants.

E. Heather, an HR employee at a university, is putting together a job listing for an open faculty position. Her listing specifies that interested applicants must have a doctoral degree.

Answer 1

The case with a minimum height requirement for a police force, affecting a woman applicant who is shorter than the requirement, is an example of disparate impact.

Step-by-step explanation:

The case that would most likely be filed under disparate impact is: C. Chantel wants to be part of her local police force. Both men and women are encouraged to apply, but Chantel discovers the force has a minimum height requirement of 5'10". She is 5'6". Disparate impact occurs when an employment practice has a disproportionately adverse effect on members of a protected group under Title VII of the Civil Rights Act, even when the practice is neutral on its face and applies to everyone equally. Here, the minimum height requirement might unintentionally exclude more women than men, as women tend to be shorter on average, which could be considered a form of gender discrimination if the requirement is not essential to the job's responsibilities.