Paige is a Black female. Paige graduated from College of the Canyons with an Associates of Arts (A.A.) degree in Biology. A local nursery, named "Growing Greens", sells plants, shrubs, trees, flowers, and other things that bloom and grow. Growing Greens is advertising the hiring of a new receptionist in the head office. The receptionist's duties will include answering the telephone, taking notes at meetings, and opening the daily mail to be scanned and distributed within the company. Paige knows how to answer the telephone, take notes, and open the mail. Paige applies for the job. However, Growing Greens has a company policy that requires all its employees, regardless of the type of work that they perform for the company, to have earned a Ph.D. degree (i.e., a "Doctor of Philosophy"). A Ph.D. degree is a very advanced academic diploma that is usually possessed by college professors (and a few other professionals). Although Paige has earned an A.A. degree, she has not earned a Ph.D. degree. Therefore, Growing Greens refuses to hire Paige. After Growing Greens rejects Paige's application for employment, Paige learns that Growing Greens has a workforce that is 98% White, which is far larger than the percentage of White workers in the local area. Paige also learns that Whites are statistically far more likely to hold a Ph.D degree than those of other races. Paige has no evidence that Growing Greens intentionally refused to hire her because she is Black.

Paige would like to sue Growing Greens for race-based employment discrimination based on a disparate-impact theory.

Define disparate-impact employment discrimination and discuss in detail whether, under these facts, Paige is likely to win her lawsuit against Growing Greens.