The key to a plaintiff establishing disparate treatment is: they are a member of a protected group and were qualified for the job they applied for and ______.
A) Were rejected for the job
B) Both that they were rejected for the job and that employer continued to seek applicants with the same qualifications
C) The employer continued to seek applicants with the same qualifications
D) Show evidence of adverse impact
E) Both that they were rejected for the job they applied for and show evidence of adverse impact

Question

Quizplus · Accepted Answer

Disparate treatment occurs when an individual is treated differently based on their protected characteristic. To establish this, a plaintiff must be a member of a protected group, be qualified for the job they applied for, and show evidence that the employer continued to seek applicants with the same qualifications after they were rejected for the job. This demonstrates that the employer did not reject the plaintiff based on their qualifications or experience, but rather based on their protected characteristic. Therefore, the correct answer is B.

The Key to a Plaintiff Establishing Disparate Treatment Is: They