BJI Enterprises requires all employees to pass a standardized test before being considered for promotions. Marisa Chavez, a Hispanic female, was employed in the Maintenance department as a housekeeper. She wanted to be considered for a supervisory position in that department. However, she could not make a passing score on the test. There were no minority supervisors in the Maintenance Department. The Civil Rights Act requires

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The Civil Rights Act requires that BJI show that the standardized test is related to the job in order to defend themselves against allegations of discrimination based on race or sex. The fact that there are no minority supervisors in the Maintenance Department suggests that the test may have a disproportionate impact on minority candidates, making it even more important that BJI demonstrates its relevance to the job. Ms. Chavez's personal qualifications are not the issue.

BJI Enterprises Requires All Employees to Pass a Standardized Test