To establish a prima facie case of employment discrimination through disparate impact, does appellant need to prove that the employer had discriminatory intent?
California, United States of America
The following excerpt is from Ibarbia v. Regents of University of California, 188 Cal.App.3d 1531, 234 Cal.Rptr. 167 (Cal. App. 1987):
To establish a prima facie case of employment discrimination through disparate impact, on the other hand, appellant need not show that the employer had a discriminatory intent but need only demonstrate that a particular practice in actuality operates to exclude members of his race. (Griggs v. Duke Power Co., supra, 401 U.S. at p. 431, 91 S.Ct. at p. 853.)
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