I believe it is "D" but it could be "C"
Q-You are in charge of employment testing at your company. In one recent test, 100 applicants took the test. Thirty of the applicants failed the test. Upon further research, you determine that 25 of the 30 applicants who failed were African American, while 5 of the remaining applicants who failed were a mix of Caucasian, Asian, and Latino. To determine if your test is valid, you would look up rules dealing with:
A._____ Disparate Impact
B._____ Unfair labor practices
C._____ Right to Work
D._____ Disparate Treatment
Right to work laws protect non-union employees -- so it can't be C.
The answer is either A or D. Check this site and then make your decision.
http://www.lawmemo.com/101/2006/01/disparate_impac_1.html
To determine if your test is valid, you would look up rules dealing with Disparate Impact and Disparate Treatment.
Disparate impact refers to a situation where a seemingly neutral employment policy or practice has a disproportionately negative impact on a protected group, such as a particular race, gender, or ethnicity. It focuses on the outcomes of the policy or practice rather than the intent. If you suspect that your test may have a disparate impact on a certain group, you would want to consult the rules and guidelines relating to disparate impact to ensure that your employment test does not violate any anti-discrimination laws.
Disparate treatment, on the other hand, occurs when an employer treats individuals differently based on their membership in a protected group. It involves intentional discrimination or differential treatment, and it often requires proving discriminatory intent. If you suspect that there may be intentional discrimination in the administration of the test or in the treatment of candidates, you would want to consider the rules and laws dealing with disparate treatment.
In this case, you mentioned that out of the 30 applicants who failed the test, 25 were African American, while the remaining 5 were from a mix of other racial backgrounds. This suggests that the test might have a disparate impact on African American applicants. However, without more information, it is difficult to determine if there is also evidence of intentional discrimination (disparate treatment).
To determine if your test is valid and complies with anti-discrimination laws, you would need to consult the specific rules and guidelines related to both disparate impact and disparate treatment. This might involve reviewing laws such as the Civil Rights Act of 1964, the Equal Employment Opportunity Commission (EEOC) guidelines, or other relevant legislation or case law. It is advisable to consult legal experts or your company's legal department to ensure that your employment test is fair and nondiscriminatory.