which of the following is an example of disparate impact
a business hires a man instead of a more qulified women because she has children
a male employee likes to make lewd jokes in front of female emplyees
a strength test implemented by warehouse leads to the hiring fewer women
a business promotes an able bodied woman to a managment position over a woman with disabilities
The example of disparate impact from the given options is "a strength test implemented by a warehouse leads to hiring fewer women." Disparate impact refers to a situation where a seemingly neutral policy or practice disproportionately affects a certain group or protected class of individuals, even if there is no discriminatory intent. In this case, the strength test negatively affects women, thereby leading to the hiring of fewer female employees.
The example that best represents disparate impact is the following: "A strength test implemented by a warehouse leads to the hiring of fewer women." Disparate impact refers to a situation where a seemingly neutral policy or practice disproportionately affects a specific protected group, such as women, based on factors like gender, race, or disability. In this case, the strength test may adversely impact women and result in fewer female candidates being hired due to the potentially biased requirement of physical strength.
The example of disparate impact among the options you provided is:
"a strength test implemented by a warehouse leads to the hiring of fewer women."
To understand why this is an example of disparate impact, let's break it down:
Disparate impact is a concept used in the field of employment discrimination. It occurs when an employment policy or practice, that appears neutral on its face, disproportionately affects individuals of a protected group.
In this case, the strength test implemented by the warehouse is a seemingly neutral policy that applies to all job applicants. However, it has the effect of disproportionately excluding women from being hired.
To determine if an employment practice has a disparate impact, we need to follow a general analytical approach:
1. Identify the protected group: In this scenario, the protected group is women.
2. Determine if there is a disparity: Analyze the impact of the strength test on the hiring of women. If the test leads to significantly fewer women being hired compared to men, there is a disparity.
3. Assess if the policy is job-related and consistent with business necessity: The employer must demonstrate that the strength test is necessary for the job and directly related to job performance. This analysis considers whether the test identifies the skills required for the position and does not disproportionately disadvantage women.
4. Consider alternatives: If the strength test is determined to have a disparate impact, the employer should explore alternative testing methods that achieve the same job-related purpose while minimizing adverse effects.
In summary, the strength test implemented by the warehouse that leads to the hiring of fewer women is an example of disparate impact in employment discrimination because it disproportionately affects women and is not sufficiently job-related or necessary.