11.Under the disparate treatment theory of discrimination, the plaintiff is not required to prove that the employer intentionally discriminated against them.
12.When a plaintiff establishes a
prima facie
case, it means that the complainant has been able to establish the merits of the case sufficiently enough for the courts to agree to look into the matter further.
13.Once a plaintiff establishes a
prima facie
case, the court will automatically find the employer guilty.
14.If a plaintiff can prove that a company has a policy that restricts the selection of an entire protected group, he or she automatically establishes a
prima facie
case of disparate treatment discrimination.
15.Plaintiffs in disparate impact cases are required to use the McDonnell-Douglas test to establish a
prima facie
case of discrimination.
16.When utilizing a BFOQ defense, the employer is admitting to intentionally discriminating against all members of a protected group.
17.In defending itself against a violation of the four-fifths rule, an employer is not required to demonstrate that the procedure in question is a business necessity.
18.Disparate impact discrimination is defined as any practice without business justification that has unequal consequences for people of different protected groups.
19.EEO initiatives are “color conscious” whereas affirmative action initiatives are “color blind.”
20.A utilization analysis is a statistical procedure that compares the percentage of each protected group for each job category within the organization to that of the available labor market.