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The term "business necessity" does not actually appear in the 1964 Act, [2] but the codification of the doctrine is stated to be one of the purposes of the Civil Rights Act of 1991: (2) to codify the concepts of "business necessity" and "job related" enunciated by the Supreme Court in Griggs v.
[2] 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. [3] This is the "business necessity" defense. [1]
The Paycheck Fairness Act allows employers to raise the business necessity defense, which is a concept imported from Title VII and familiar to employers and courts. Some courts have interpreted the "factor other than sex" defense under the Equal Pay Act to permit an employer assert literally any factor other than sex so long as the plaintiff ...
The 1991 Act was intended to strengthen the protections afforded by 2 different civil rights acts: the Civil Rights Act of 1866, better known by the number assigned to it in the codification of federal laws as Section 1981, and the employment-related provisions of the Civil Rights Act of 1964, generally referred to as Title VII.
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]
The Griggs Court stated that the "touchstone" for disparate-impact liability is the lack of "business necessity": "If an employment practice which operates to exclude [minorities] cannot be shown to be related to job performance, the practice is prohibited."
Rudy Giuliani’s lawyers want to ditch the former Big Apple mayor, claiming they disagree on a legal strategy as he seeks to wriggle out of a $148 million defamation judgment he owes to two ...
In employment law, a bona fide occupational qualification (BFOQ) (US), bona fide occupational requirement (BFOR) (Canada), or genuine occupational qualification (GOQ) (UK) is a quality or an attribute that employers are allowed to consider when making decisions on the hiring and retention of employees—a quality that when considered in other contexts would constitute discrimination in ...