An employer is being sued for disparate impact. The HR department has determined that the selection rate for a protected class is 60%, meaning the employer may have unknowingly discriminated against the protected class. Which rule has the employer violated?

Rationale

The employer has violated the Four-fifths rule.

The Four-fifths rule, also known as the 80% rule, states that a selection rate for any protected class must be at least 80% of the selection rate for the majority group. In this case, a 60% selection rate for the protected class suggests potential discrimination, as it falls below the threshold set by this rule.

A (Two-ninths rule) YOUR ANSWER

The Two-ninths rule is not a recognized standard in employment law regarding selection rates and disparate impact. This choice does not apply to the analysis of discriminatory practices in hiring and does not provide any relevant metric for assessing selection rates between groups.

B (Three-quarters rule) YOUR ANSWER

The Three-quarters rule suggests that the selection rate of a protected group should be at least 75% of the majority group’s selection rate. While this rule aims to protect against discrimination, it is not the established standard used in most legal contexts, making it an incorrect choice for this scenario.

C (Four-fifths rule) CORRECT

The Four-fifths rule is the appropriate standard for evaluating disparate impact claims. If the selection rate for the protected class is less than 80% of the rate for the majority group, it indicates a potential discriminatory effect, which aligns with the employer's situation of a 60% selection rate.

D (Seven-tenths rule) YOUR ANSWER

The Seven-tenths rule is not a standard used in evaluating disparate impact. This choice is irrelevant, as it does not provide a recognized threshold for assessing selection rates among different groups and does not contribute to understanding the employer's legal obligations.

Conclusion

The Four-fifths rule is the key metric used to assess whether an employer's selection rates may result in disparate impact against a protected class. In this case, the employer’s 60% selection rate indicates a possible violation of this rule, highlighting the need for careful evaluation of hiring practices to ensure compliance with anti-discrimination laws. Understanding these standards is essential for employers aiming to promote equitable hiring processes.

An employer is being sued for disparate impact. The HR department has determined that the selection rate for a protected class is 60%, meaning the employer may have unknowingly discriminated against the protected class. Which rule has the employer violated?

The employer has violated the Four-fifths rule.

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