In a prima facie case of disparate impact discrimination, the claimant must establish that the claimant is a member of a protected class protected under Title VII and that:
I. the claimant applied for and was qualified for a job for which the employer was seeking applicants.
II. the claimant was rejected and, after the rejection, the position remained open.
III. the employer continued to seek applicants with the rejected applicant's qualifications.

Question

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In a prima facie case of disparate impact discrimination, the claimant must show that a specific employment practice caused a significant adverse impact on a protected group, not that they applied for a job or were rejected.

In a Prima Facie Case of Disparate Impact Discrimination, the Claimant