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Genevieve applies for a job as a security guard at a diamond

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Genevieve applies for a job as a security guard at a diamond mine. The primary job of security guard is to perform body-cavity searches on the miners, at the end of each shift, to ensure the miners are not stealing diamonds. Part of each guard's compensation is based upon the number of stolen diamond recoveries they accomplish by way of the searches. Since only male guards are assigned to search male miners and only female guards are assigned to search female miners, Genevieve is assigned to conduct searches exclusively on female miners.

She files a claim of gender discrimination alleging that since male miners attempt more diamond thefts than female miners, the opportunity to augment her compensation through diamond recoveries is lower than that of male guards and, consequently, the policy of allowing her to search only women is having an illegally discriminatory, disparate impact on her compensation, on the basis of gender. Is Genevieve correct?

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Genevieve applies for a job as a security guard at a diamond mine. The primary job of security guard is to perform body-cavity searches on the miners, at the end of each shift, to ensure the miners are not stealing diamonds. Part of each guard's compensation is based upon the number of stolen diamond recoveries they accomplish by way of the searches. Since only male guards are assigned to search male miners and only female guards are assigned to search female miners, Genevieve is assigned to conduct searches exclusively on female miners.

She files a claim of gender discrimination alleging that since male miners attempt more diamond thefts than female miners, the opportunity to augment her compensation through diamond recoveries is lower than that of male guards and, consequently, the policy of allowing her to search only women is having an illegally discriminatory, disparate impact on her compensation, on the basis of gender. Is Genevieve correct?

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Genevieve could likely prove in a court of law that the male miners have been proven in the past to steal a larger quantity of diamonds as compared to females. This could be accomplished by her researching legal documents and court records, and could also include a crime statistic search to determine the exact percentages. Genevieve is correct in the above described situation. The company that ...

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