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What happens in your case if an entity is not in any way "aware" of people's protected class (they don't collect that info) but using these other properties coincidentally affect a protected class?

Say you _don't_ collect info on people's religiousness but other properties you collect in effect result in you either discriminating for or against either religious people or perhaps against atheists.

If there is no awareness, is there still liability?

Yes, you can still be liable even if you're not aware:

"Where a disparate impact is shown, the plaintiff can prevail without the necessity of showing intentional discrimination unless the defendant employer demonstrates that the practice or policy in question has a demonstrable relationship to the requirements of the job in question"


I'm not a lawyer, but I'd say if you make a good faith effort to prevent that eventuality, it would probably at least mitigate liability. That's a great question, though.

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