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A business necessity is a legal term for a legitimate business purpose that justifies an employment decision as effective and needed to optimally achieve the organization's goals and ensure that operations run safely and efficiently. [1]
[6] An employer may defend against liability by demonstrating that the practice is "job related for the position in question and consistent with business necessity." [ 6 ] Even if the employer meets that burden, however, a plaintiff may still succeed by showing that the employer refuses to adopt an available alternative employment practice that ...
That is because the City could be liable for disparate-impact discrimination only if the examinations were not job related and consistent with business necessity, or if there existed an equally valid, less-discriminatory alternative that served the City's needs but that the City refused to adopt. §2000e–2(k)(1)(A), (C). Neither condition holds:
Feb. 26—By Kim Gooden for the Tribune EMMONS — It is often said that necessity is the mother of invention, and Martin Bernau can definitely attest to that. Bernau owns and operates Bernau ...
This is the "business necessity" defense. [ 1 ] Some civil rights laws, such as Title VI of the Civil Rights Act of 1964 , do not contain disparate impact provisions creating a private right of action, [ 4 ] although the federal government may still pursue disparate impact claims under these laws. [ 5 ]
Griggs v. Duke Power Co., 401 U.S. 424 (1971), was a court case argued before the Supreme Court of the United States on December 14, 1970. It concerned employment discrimination and the disparate impact theory, and was decided on March 8, 1971. [1]
Although USAA has been a respected financial institution for decades, serving members of the military, veterans, and their families, it has landed in hot water with regulators and customers in ...
Third, the "factor other than sex" must be consistent with business necessity. In addition, the defense will not apply if the employee can demonstrate that an alternative employment practice exists that would serve the same business purpose without producing a pay differential and the employer has refused to adopt the alternative.