True or False: Based on employment law

1.Under a disparate impact theory of discrimination, in deciding whether a test has been properly validated, courts may only look to guideposts established by the federal Equal Employment Opportunity Commission's "Uniform Guidelines on Employee Selection Procedures."

2.Employer uses a written cognitive test that measures verbal, numerical, and spatial reasoning in order to evaluate mechanical aptitude. Although it had been validated for at least a decade, the written cognitive test continued to have a statistically significant disparate impact by excluding a group of applicants belonging to the same ethnic group. Assume the employer can show that the written cognitive test was job-related for the position in question and consistent with business necessity. Less discriminatory selection procedures, however, were subsequently developed that would have served the employer's needs, but the employer did not modify its procedures (i.e., use of the written cognitive test) even though the employer was well aware of them for years. In this scenario, a plaintiff is likely to prevail in a disparate impact claim.

3.In a disparate impact case, statistics showing a large discrepancy between men and women selected for overtime assignments must be compared to data on persons eligible to work overtime to be relevant to a plaintiff's prima facie case.

4. In a class action, plaintiffs allege that a written civil service cognitive ability examination used for the last 5 years to qualify and rank applicants had a disparate impact on certain minority groups for entry-level firefighter positions in violation of Title VII of the Civil Rights Act of 1964. The government defendant, which developed and administered the examination, could prevail if it could show that because of other preferential selection factors, the examination ultimately had no disparate impact on the bottom-line hiring of the affected minority groups for entry-level firefighter positions.

5. In a disparate impact case, an employer's burden of demonstrating "job relatedness" was satisfied when the employer demonstrated that a written test was related to success at a police training academy wholly aside from the test's possible relationship to actual performance as a police officer.