A plaintiff claiming disparate impact discrimination based on sex must prove that the employer intentionally discriminated against him or her by denying a benefit or privilege of employment (such as a promotion or pay raise)based upon the individual's sex.

Question

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Disparate impact discrimination claims do not require proof of intentional discrimination. Rather, they involve policies or practices that have an adverse impact on a protected group, regardless of whether the employer intended to discriminate.

A Plaintiff Claiming Disparate Impact Discrimination Based on Sex Must