Criterion that causes disparate impact

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Reference no: EM133652773

Question

What is/are the differences between discrimination that results from a criterion's being a BFOQ and discrimination that results from a criterion that causes a disparate impact? (See text at section 6-1d, "Bona Fide Occupational Qualifications" and text at section 6-2a "Section 703(k) and Disparate Impact Claims.") Group of answer choices a. A BFOQ can legally discriminate only on the basis of gender, religion or national origin and then only if it is the result of business necessity. b. A criterion that causes a disparate impact may permissibly affect any protected characteristic including race, as long as the criterion is shown to be sufficiently job related and the plaintiff has not shown that alternative practices without a disparate impact are available. c.A criterion that causes a disparate impact may permissibly affect any protected characteristic except race as long as the criterion is shown to be sufficiently job related and the plaintiff has not shown that alternative practices without a disparate impact are available.

Reference no: EM133652773

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