Chapter § 4-46 § 21.122. Burden of Proof in Disparate Impact Cases

JurisdictionUnited States

4-46 § 21.122. Burden of Proof in Disparate Impact Cases

(a) An unlawful employment practice based on disparate impact is established under this chapter only if:

(1) a complainant demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, sex, national origin, religion, or disability and the respondent fails to demonstrate that the challenged practice is job-related for the position in question and consistent with business necessity; or,
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