Question $11$

$2$ pts

Assume the same facts as those in #$10$ above. Assume further, for purposes of this question only, that as a result of the investigation conducted by the EEOC, the following things are learned: $1)$ the selection criterion had been $.$ administered to some $2,000$ applicants over a two year time period; $2)$ candidates who possessed the same protected characteristic as those disqualified persons in question $10$ actually had a higher pass rate on the criterion than those who did not possess that protected characteristic. What effect, if any, will this information have on the issue of whether employer is liable for illegal discrimination?