The key to a successful rebuttal in a disparate treatment case is ________.

Question

Quizplus · Accepted Answer

In a disparate treatment case, the employer must provide nondiscriminatory reasons for the practice or action in question. This means showing that the actions were not motivated by discriminatory intent, but rather by legitimate business reasons. Proving adverse impact or discrimination is not necessary in a rebuttal, but may be used as evidence by the plaintiff. Showing the presence of a "mixed motive" could potentially weaken the defense's argument.

The Key to a Successful Rebuttal in a Disparate Treatment