§ 28-5-7.2 - Proof of unlawful employment practices in disparate impact cases.
SECTION 28-5-7.2
§ 28-5-7.2 Proof of unlawful employmentpractices in disparate impact cases. – (a) An unlawful employment practice prohibited by § 28-5-7 may beestablished by proof of disparate impact. An unlawful employment practice byproof of disparate impact is established when:
(1) A complainant demonstrates that an employment practiceresults in a disparate impact on the basis of race, color, religion, sex,sexual orientation, gender identity or expression, disability, age, or countryof ancestral origin, and the respondent fails to demonstrate that the practiceis required by business necessity; or
(2) A complainant demonstrates that a group of employmentpractices results in disparate impact on the basis of race, color, religion,sex, sexual orientation, gender identity or expression, disability, age, orcountry of ancestral origin, and the respondent fails to demonstrate that thepractices are required by business necessity; provided that:
(i) If a complainant demonstrates that a group of employmentpractices results in a disparate impact, the complainant shall not be requiredto demonstrate which specific practice or practices within the group results inthe disparate impact; and
(ii) If the respondent demonstrates that a specificemployment practice within that group of employment practices does notcontribute to the disparate impact, the respondent shall not be required todemonstrate that the practice is required by business necessity.
(b) A demonstration that an employment practice is requiredby business necessity may be used as a defense only against a claim under thissection.
(c) As used in this section:
(1) "Complainant" and "respondent" mean those individuals orentities defined as such in § 28-5-17;
(2) "Demonstrates" means meets the burdens of production andpersuasion;
(3) "Group of employment practices" means a combination ofemployment practices or an overall employment process; and
(4) "Required by business necessity" means essential toeffective job performance.
(d) Nothing contained in this section shall be construed aslimiting the methods of proof of unlawful employment practices under §28-5-7 to the methods set in this section.