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Disparate Impact & the Civil Rights Act of 1991

ccurred except for the employer's hiring practices"14. At the opposite end of the spectrum, the 5th Circuit has required the plaintiff to both identify a specific practice and to show that the practice resulted in the imbalance.15

Once the plaintiff has established a prima facie case the defendant may assert an affirmative defense by demonstrating that the requirements at issue bear a "manifest relationship to the employment in question"16. The Griggs court required the defendant to establish first that the purpose for adopting the requirements constituted a "genuine business need" and, second, that the requirements demonstrably achieved this purpose.17 Ma

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Disparate Impact & the Civil Rights Act of 1991. (1969, December 31). In LotsofEssays.com. Retrieved 02:01, May 18, 2024, from https://www.lotsofessays.com/viewpaper/1705075.html