Disparate impact analysis the four-fifths rule standard


Disparate impact analysis (the four-fifths rule, standard deviation analysis) is used in employment discrimination cases. Suppose that a survey of young high school graduates found that among 21- to 25-year-olds only (a) 60 percent of whites, 40 percent of Hispanics, and 25 percent of African Americans could locate information in a news article or almanac; (b) 25 percent of whites, 7 percent of Hispanics, and 3 percent of African Americans could decipher a bus schedule; and (c) 44 percent of whites, 20 percent of Hispanics, and 8 percent of African Americans could correctly determine the change they were due from the purchase of a two-item restaurant meal. Do these tasks (locating information in a news article, deciphering a bus schedule, and determining correct change) have adverse impact, if they were requirements for a job? What are the implications?

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