Final answer:
The focus of a disparate impact case is not on the employer's intention but on the impact of their policies on protected groups. Market forces can incentivize businesses to act less discriminatorily due to customer demographics, labor shortages, and the risk of losing employees to better-paying competitive employers.
Step-by-step explanation:
In a disparate impact case, the focus is false; it is not on the employer's intention, but rather on the policies, practices, or rules that have a disproportionately negative impact on a protected group, regardless of the employer's intention. In such cases, unintentional discrimination can occur when the employer implements seemingly neutral policies that, in practice, adversely affect certain groups more than others.
For instance, market forces can lead businesses to behave in a less discriminatory way in several scenarios:
- A local flower delivery business with a bigoted owner may lose market share or profitability if the business disregards the preferences or presence of a significant portion of its customer base, in this case, black customers.
- An assembly line experiencing difficulty hiring qualified workers may be incentivized to hire from a wider talent pool, which includes women, due to the necessity of maintaining productivity.
- A home health care services firm that is biased may face labor shortages and increased operational costs if it underpays Hispanic workers who may leave for better-paying opportunities, compelling the owner to offer fairer wages to all employees.