In a disparate impact case,who has the burden of proof in establishing disparate impact?

Question

Quizplus · Accepted Answer

In a disparate impact case, the burden of proof lies with the plaintiff to establish that there is a discriminatory impact on a particular group of people. It is the responsibility of the plaintiff to provide statistical evidence or other factual data that can establish the existence of discrimination. Once the plaintiff has established a prima facie case, the defendant then has to demonstrate that the employment practice in question is job-related and consistent with business necessity. Therefore, the correct answer is C) plaintiff.

In a Disparate Impact Case,who Has the Burden of Proof