What is the burden of proving a plaintiff has a prima facie case in a disparate impact case?

California, United States of America


The following excerpt is from Hughes v. Cnty. of Humboldt, A148940, A150526 (Cal. App. 2019):

Jumaane v. City of Los Angeles, supra, 241 Cal.App.4th at p. 1405 [disparate impact must be " ' "functionally equivalent to intentional discrimination" ' "].) If a plaintiff makes out a prima facie case, the burden shifts to the defendant to show "any business justification [defendants] offer for their use of these practices." (Wards Cove, at p. 658.) "This phase of the disparate-impact case contains two components: first, a consideration of the justifications [a defendant] offers for his use of these practices; and second, the availability of alternative practices to achieve the same . . . ends, with less [discriminatory] impact." (Ibid.; see City and County of San Francisco, at pp. 989-990; Hardie v. NCAA (9th Cir. 2017) 876 F.3d 312, 319-320 [Title II].)

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