In a disparate impact case, the three part order of proof is as follows:
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Get it written →In a disparate impact case, the three part order of proof is as follows:
the plaintiff must prove that a facially neutral practice disproportionately discriminated against a protected class; the defendant must articulate a business necessity; the plaintiff must prove that an alternative exists.
the plaintiff must prove that a facially neutral practice disproportionately discriminated against a protected class; the defendant must prove business necessity; the plaintiff must prove that an alternative exists.
the plaintiff must prove that a facially neutral practice disproportionately discriminated against a protected class; the defendant must articulate a nondiscriminatory reason; the plaintiff must prove that an alternative exists.
the plaintiff must prove that a facially neutral practice disproportionately discriminated against a protected class; the defendant must prove it was motivated by a nondiscriminatory reason; the plaintiff must prove that an alternative exists.
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