Question

who does the burden of proof go to if an employee can demonstrate that disparate impact exists and that it has the effect of excluding a protected class? the employee the state the employer the courts

Explanation:

In cases of disparate impact discrimination in employment, once an employee shows that a practice has a disparate impact on a protected class, the burden of proof shifts to the employer to show that the practice is job - related and consistent with business necessity.

Answer:

The Employer