Final answer:
The test used by courts for assessing disparate impact in employment practices is the Four-Fifths Rule Analysis. For cases of discrimination in college admissions involving racial or ethnic minorities, courts employ the strict scrutiny standard.
Step-by-step explanation:
The test used by the courts to assess the merits of a prima facie case of disparate impact is the Four-Fifths Rule Analysis. This rule is a guideline for assessing whether there is evidence of discrimination in hiring, promotion, or other employment practices. It is calculated by comparing the selection rate for a protected group (often referred to as the 'disadvantaged' group) with the rate of the 'advantaged' group. If the selection rate for the protected group is less than four-fifths (80%) of the rate for the advantaged group, there may be evidence of disparate impact.
When dealing with cases of discrimination in college admissions concerning racial or ethnic minority groups, the courts usually apply the strict scrutiny standard. Under strict scrutiny, the burden of proof is on the government or the institution to demonstrate that there is a compelling governmental or educational interest in the differential treatment and that the practice in question is narrowly tailored to achieve that interest.