B.J.is among a group of 25 applicants for a manager's position.As part of the selection process,all applicants take an exam.It is apparent from the results that African-American applicants tend to score lower than any other subgroup.B.J.is African-American and not selected because of his test score.B.J.may have grounds to sue due to:
A) disparate treatment.
B) adverse impact.
C) a violation of Executive Order 11246.
D) a violation of the Vocational Rehabilitation Act.

Question

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B.J. may have grounds to sue based on adverse impact, which is when a seemingly neutral employment practice disproportionately affects a protected group, such as African-Americans. If the exam was the sole criteria for selection and African-Americans consistently scored lower, it could be seen as discriminatory against this group. Disparate treatment (A) would require evidence that B.J. was intentionally discriminated against because of his race. Executive Order 11246 (C) requires federal contractors to ensure equal employment opportunities and the Vocational Rehabilitation Act (D) protects individuals with disabilities from discrimination. These may not be applicable in this specific case.

BJIs Among a Group of 25 Applicants for a Manager's