Delltrix Corp.,a customer support provider,needs operators who are bilingual in English and Spanish.A few applicants of Spanish origin are rejected because of their poor English language proficiency.The applicants file a disparate impact case with the Equal Employment Opportunity Commission against Delltrix on the grounds of discrimination based on nationality.Which of the following defenses is Delltrix most likely to use in this case?
A) the defense of undue hardship
B) the contributory negligence defense
C) the comparative negligence defense
D) the assumption-of-risk defense
E) the business necessity defense

Question

Quizplus · Accepted Answer

Delltrix Corp. is most likely to use the business necessity defense as English language proficiency is a business necessity in this case. In a disparate impact case, a plaintiff must prove that an employer's practices or policies had a discriminatory effect on a group protected by Title VII. The employer can defeat the plaintiff's claim by proving the business necessity defense. This defense requires that the employer prove that the practices or policies used are job related and consistent with a business necessity.