What must an employer establish

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Assume for purposes of this question only that a disparate impact lawsuit is not per se forbidden under the ADEA. In order to justify an employment practice that actually does cause a disparate impact based on age, what must an employer establish?

a. That the employment practice was not unreasonable.

b. That there was no other way to achieve its goals that would not result in a disparate impact on the protected class.

Reference no: EM131646369

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