In the Meiorin test, the Supreme Court said employers cannot create a discriminatory rule with what in mind?

In the Meiorin test, the Supreme Court said employers cannot create a discriminatory rule with what in mind?

• A. Policy
• B. Outcome
• C. Intention
• D. Prejudice

Answer: (C)

The key idea here is that a discriminatory rule cannot be justified if it is created with discriminatory intent toward a protected group. In the Meiorin framework, a policy must be a bona fide occupational requirement and must be adopted in good faith for a legitimate job-related objective. If the rule is crafted with the intention to exclude or disadvantage a group, it fails the “in good faith” standard and cannot be justified, even if there might be some purported link to job performance. Put simply, the motive behind creating the rule matters: policies built with discriminatory intention are not acceptable, whereas arguments about the policy’s mere existence or its outcomes don’t capture the required focus on the creator’s intent.

The key idea here is that a discriminatory rule cannot be justified if it is created with discriminatory intent toward a protected group. In the Meiorin framework, a policy must be a bona fide occupational requirement and must be adopted in good faith for a legitimate job-related objective. If the rule is crafted with the intention to exclude or disadvantage a group, it fails the “in good faith” standard and cannot be justified, even if there might be some purported link to job performance.

Put simply, the motive behind creating the rule matters: policies built with discriminatory intention are not acceptable, whereas arguments about the policy’s mere existence or its outcomes don’t capture the required focus on the creator’s intent.