Question: ABC Corporation (ABC) employs a two-step process for determining whether to promote individuals in its organization from rank-and-file employees to supervisors. The first part of

ABC Corporation (ABC) employs a two-step process for determining whether to promote individuals in its organization from rank-and-file employees to supervisors. The first part of the process, a criterion-related validated test, is taken by 50 men and 50 women: 80% of the men pass (40), while 40% of the women pass (20). From the resulting eligibility list, ABC then engages in individual interviews to determine who will receive the promotion. After the interviews, 6 men (12% of men applying for promotion) and 6 women (12% of women applying for promotion) are chosen for the twelve promotions. A group of women, who failed the test, bring a disparate impact claim for sex discrimination. Will their claims be successful? Why or why not?

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