Machine Corporation requires its employees to have a high school diploma,claiming a definite connection between a high school education and job performance.In a suit against Machine Corporation under Title VII,this requirement is shown to have a discriminatory effect.The employer has

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The employer can use a business necessity defense to justify the high school diploma requirement, but only if it can prove that the requirement is necessary for the safe and efficient performance of the job. This defense requires the employer to show that the requirement is significantly related to the job performance and that no alternative hiring practice is available that would serve the same purpose without a discriminatory effect. The after-acquired evidence defense would not apply in this case, as it relates to evidence of misconduct discovered after termination, and the bona fide occupational qualification defense would only be applicable if the high school diploma requirement is an essential qualification for the job.

Machine Corporation Requires Its Employees to Have a High School