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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]
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 ...
[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 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."
Bernau owns and operates Bernau & Sons Inc. in rural Emmons, a business that performs metal fabrication, welding, machinery repairs, manufacturing, retail steel sales and car restoration. People ...
The touchstone is business necessity. If an employment practice which operates to exclude Negroes cannot be shown to be related to job performance , the practice is prohibited. On the record before us, neither the high school completion requirement nor the general intelligence test is shown to bear a demonstrable relationship to successful ...
The concept of reasonableness has two related meanings in law and political theory: . As a legal norm, it is used "for the assessment of such matters as actions, decisions, and persons, rules and institutions, [and] also arguments and judgments."
Recent court orders slowing down or indefinitely blocking President Donald Trump’s policy blitz have raised the specter that the executive branch might openly flout the federal judiciary and ...