If the plaintiff establishes disparate treatment, the defendant must:
A) Establish the job relatedness of the employment practice in question
B) Establish that they are a member of a protected group
C) Articulate a legitimate nondiscriminatory reason
D) Pay damages and restitution

Question

Quizplus · Accepted Answer

If the plaintiff establishes disparate treatment, the defendant must articulate a legitimate nondiscriminatory reason for their actions. This means they must provide a valid explanation for why they made the decision that is unrelated to the plaintiff's protected status. They may also have to prove that the decision was job-related and consistent with business necessity. Paying damages and restitution may be part of the outcome if the plaintiff prevails in the case, but it is not a requirement for the defendant to do so simply because disparate treatment has been established. Similarly, being a member of a protected group is not relevant for the defendant's next steps.

If the Plaintiff Establishes Disparate Treatment, the Defendant Must