Under _________, intent is irrelevant.

Question

BlackTom AI · Accepted Answer

The question asks about a situation in which intent is irrelevant, so we need to evaluate each option against that criterion.

Option a: 'a. disparate treatment' — This concept involves intentional discrimination, where an adverse action is taken specifically because of a protected characteristic. Because the hallmark is the presence of discriminatory intent, this option does not fit the idea that intent is irrelevant.

Option b: 'b. disparate impact' — Disparate impact refers to policies or practices that are neutral on their face but disproportionately affect a protected class, and legal challenges can succeed even without proof of intentional discrimination. In these cases, the focus is on the outcome and its effects, not the designer's intent, so intent is indeed irrelevant in many jurisdictions.

Option c: 'c. racial discrimination' — This is a broad label for unfair treatment based on race. It does not specify whether the discrimination is intentional or not, and depending on the context, intent may or may not be required. It does not directly capture the specific legal doctrine where intent is irrelevant.

Option d: 'd. gender discrimination' — Similar to racial discrimination, gender discrimination describes unfair treatment by protected characteristic but does not alone denote a framework where intent is irrelevant. It could be either intentional or unintentional depending on the case, so it does not universally fit the criterion.

Option e: 'e. disparate discrimination' — This term is not a standard legal doctrine used in discrimination law. It does not clearly describe a recognized category where intent is irrelevant, making it an inaccurate or nonstandard choice.

In summary, the key point is that disparate impact is the doctrine that allows challenges based on outcomes rather than on proof of intentional bias, which is why it aligns with the idea that intent is irrelevant in those analyses. The other options either hinge on intentional wrongdoing (disparate treatment), are broad labels without the precise doctrinal framing, or are not standard terms in discrimination law.

Under _________, intent is irrelevant.单项选择题

类似问题

Question at position 21 Griggs v. Duke Power identified and defined disparate impact when a protected class of employees challenged the company’s selection requirements for hire or transfer.FalseTrue

The zoo requires that the giraffe handlers be at least 6 feet tall, due to the animal’s long necks. Relying on its policy, the zoo refuses to hire Penelope, who is 5 feet 2 inches in height, for the position of giraffe handler. Under these circumstances, the zoo has:

To violate Title VII of the Civil Rights Act under the concept of disparate impact, an employer must have acted with discriminatory intent.

The zoo requires that the giraffe handlers be at least 6 feet tall, due to the animal’s long necks. Relying on its policy, the zoo refuses to hire Penelope, who is 5 feet 2 inches in height, for the position of giraffe handler. Under these circumstances, the zoo has:

Disparate-impact discrimination occurs when an employer intentionally discriminates against an employee who is a member of a protected class.

To which one of the following cases would the concept of disparate impact potentially apply?

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