which of the following is an example of disparate impact that is not prevented by the Civil right Act of 1991, but rather compels employers to prove that such requirements are essential to doing the job?
Require equal pay for equal work
Requiring a worker to be under the age of 65
Prohibiting the hiring of pregnant workers
Requiring a worker to be able to lift 100 pounds
Requiring a worker to be able to lift 100 pounds is an example of disparate impact that is not prevented by the Civil Rights Act of 1991. In this case, employers would need to prove that the ability to lift such weight is essential to performing the job effectively.
In order to determine which of the options is an example of disparate impact that compels employers to prove that the requirements are essential to the job, we need to understand what disparate impact means and how the Civil Rights Act of 1991 addresses it.
Disparate impact refers to a situation where an employment practice, such as a policy or requirement, appears to be neutral, but has a disproportionately negative impact on a particular protected group, such as a specific race, gender, or age group.
The Civil Rights Act of 1991 prohibits employment practices that discriminate against protected groups by intentionally treating them differently. However, it does allow for certain practices that may have a disparate impact if they are shown to be essential to performing the job and there are no alternative options. This is called the "business necessity" or "job-relatedness" defense.
Let's analyze each option to identify if it meets the criteria:
1. Require equal pay for equal work: This option does not demonstrate a disparate impact because it promotes equal treatment and is generally protected by the Civil Rights Act of 1991.
2. Requiring a worker to be under the age of 65: This option is an example of disparate impact. However, the Civil Rights Act of 1991 does not prevent employers from setting an age limit under certain circumstances. Employers must prove that such a requirement is essential to performing the job to establish the business necessity defense.
3. Prohibiting the hiring of pregnant workers: This option is also an example of disparate impact. However, the Pregnancy Discrimination Act of 1978, an amendment to Title VII of the Civil Rights Act of 1964, prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Therefore, this practice is prevented by the law.
4. Requiring a worker to be able to lift 100 pounds: This option is an example of disparate impact that may require the business necessity defense under the Civil Rights Act of 1991. If an employer can demonstrate that the ability to lift such weight is essential to performing the job and there are no reasonable alternatives, they may be allowed to maintain this requirement.
In conclusion, the option that is an example of disparate impact and compels employers to prove that such requirements are essential to doing the job is "Requiring a worker to be able to lift 100 pounds."