Twelve associates at Felton Corp. took a test administered by the firm to be promoted to senior associate. Eight men passed the test, but one man and three women failed it. Because no women passed the test, Felton Corp. did not promote any of the applicants and devised a new selection tool. The eight men who passed could bring a lawsuit against Felton Corp. based on the Ricci ruling.

Question

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The Ricci ruling states that if a selection tool has a disparate impact on a protected group (in this case, women), then the test must be shown to be job-related and consistent with business necessity. Since no women passed and all eight men did, there is a possibility that the test had a disparate impact on women, and the eight men who passed could bring a lawsuit based on the Ricci ruling.

Twelve Associates at Felton Corp