Would the Court order the case against the employer to be ...

[DelorasTo]

Would the Court order the case against the employer to be dismissed if it found that the employer had adopted the diploma and test requirements without any intention to discriminate against minority employees?

Question 2

An accountant is liable to a client for conducting an audit negligently if the accountant:
 a. Acted with intent.
  b. Was a fiduciary of the client.
  c. Failed to exercise due care.
  d. Executed an engagement letter.

[ally]

Answer to Question 1

No. The absence of any intent on the part of the employer to discriminate would not cause the case to be dismissed. The Act prohibits not only overt discrimination but also practices that are fair in form but discriminatory in operation. If any employment practice that operates to exclude blacks cannot be shown to be related to job performance, the practice is prohibited. The touchstone is business necessity..

Answer to Question 2

.C