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[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]
Wilson v. Southwest Airlines Co., 517 F. Supp. 292 (N.D. Tex. 1981), is a US employment discrimination law case concerning bona fide occupational qualifications. Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employment discrimination based on race, color, religion, sex, or national origin. [1]
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.
(The Center Square) – Of the many bills being filed in the Texas legislature to address border-related issues, one would ban taxpayer money from being used to fund legal services for illegal ...
(The Center Square) – The state of Texas has two more wins in court, in a sweeping small business federal regulatory action that a federal judge ruled is unconstitutional and a federal agency ...
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]
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A group of nonwhite cannery workers including Frank Atonio filed suit in District Court citing Title VII of the Civil Rights Act of 1964 complaining that the Wards Cove Packing Company, a company that operated several Alaskan salmon canneries, was using discriminatory hiring practices that resulted in a large number of the skilled permanent jobs that mostly did not involve working in a cannery ...