Please answer using IRAC format using the following statutes, If an employer has unlawful discriminatory practices in the hiring of Certified Nurse Assistant based on client preferences when those preferences are based on race, color, religion, sex, etc. and the majority of the clients are female preferring white females who are Christian or Jewish.?
§ 8-101 Policy
“In the City of New York, with its great cosmopolitan population, there is no greater danger to the health, morals, safety and welfare of the city and its inhabitants than the existence of groups prejudiced against one another and antagonistic to each other because of their actual or perceived differences, including those based on race, color, creed, age, national origin, alienage or citizenship status, gender, sexual orientation, disability, marital status, partnership status, caregiver status, any lawful source of income, …,lawful occupation,… …prejudice, intolerance, bigotry, and discrimination and disorder occasioned thereby threaten the rights and proper privileges of its inhabitants and menace the institutions and foundation of a free democratic state. A city agency is hereby created with power to eliminate and prevent discrimination from playing any role in actions relating to employment, ….”:
§ 8-107. Unlawful discriminatory practices.
17. Disparate impact.
“An unlawful discriminatory practice based upon disparate impact is established when:
(1)The commission or a person who may bring an action…demonstrates that a policy or practice of a covered entity or a group of policies or practices of a covered entity results in a disparate impact to the detriment of any group protected by the provisions of this chapter; and (2)The covered entity fails to plead and prove as an affirmative defense that each such policy or practice bears a significant relationship to a significant business objective of the covered entity or does not contribute to the disparate impact