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Review these ideas and then go back to the main thread.


In Wards Cove, the Supreme Court established the following scheme for deciding disparate impact cases: The party bringing suit must first establish a disparate impact by introducing statistics on the available labor pool and the employees hired by the employer being sued. They must also identify a hiring practice used by the employer and show that it is the cause of the disparate impact. The employer then has the opportunity to show that the practice in question is justified by legitimate business goals. Finally, the complaining party has the opportunity to refute the employer's claims. The final burden of proof rests with the party bringing suit.