Evan works for Bobcat Company. In January, Bobcat adopts an “Employee Update Exa

Question

Evan works for Bobcat Company. In January, Bobcat adopts an “Employee Update Examination,” which it requires all employees to take and pass. Evan fails the exam three times and is discharged. Evan files a lawsuit against Bobcat, claiming disparate-impact discrimination. Bobcat learns that Evan made material misrepresentations on his employment application. Bobcat can use this:

A. as a complete defense to Evan’s discrimination claim.

B. to alter the award that Evan might otherwise receive from the court.

C.both a and b.

Or none.

Explanation / Answer

None. As Evan is not known to belong to a protected class, the lawsuit will be dismissed as such, as Evan has no standing to bring the suit. Therefore Bobcat doesn't need to do anything.

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