Nell, a member of a protected class, applies for a job with Origami Paper Corporation, but fails the company's employment test and is not hired. Nell believes that the test has an unintentionally discriminatory effect. If so, this is

Question

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If Nell can prove that the employment test has a disproportionate adverse impact on members of her protected class, it would be considered disparate-impact discrimination, even if the discrimination was unintentional. A constructive discharge occurs when an employer makes working conditions so intolerable that an employee feels forced to resign. Disparate-treatment discrimination involves intentional discrimination against an individual because of their protected status. Option D is not correct, as the situation clearly involves an allegation of discrimination.

Nell, a Member of a Protected Class, Applies for a Job