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What (using bullet points) must a prospective employee prove to make a prima facie case against the employer for adverse impact? Next, what must the employer prove to successfully defend itself? What must the prospective employee prove to rebut the employer's defense?
What (using bullet points) must a prospective employee prove to make a prima facie case against the employer for adverse impact?
Next, what must the employer prove to successfully defend itself?
What must the prospective employee prove to rebut the employer's defense?
Expert Solution
Requirement for proving a prima facie case against the employer for adverse impact include;
1)An employee must have direct evidence that shows the employers adverse impact on you such as statement proving employers discrimination
2)An employee must also have circumstantial evidence which includes evidences not inclusive of direct statements.
3)An employee must be prove to be from a protected class in the society.
4)An employee must prove that they were qualified for the job.
conditions for employer to defend against prima facie case against them for adverse impact include;
5)An employer must show that the challenges made against them are work related
6)An employer must prove that there exists no motive for the discriminatory allegations made against them.
Employees prove to rebut employers defense;
7)An employee must prove that employers evidence was in pretext and hence was inaccurate
8)An employee must then prove the burden of proof to substantiate their earlier claims of adverse impact.
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