An employer may avoid liability for unintentional discrimination by asserting that a practice with a discriminatory effect is a business necessity.

Question

Quizplus · Accepted Answer

Under the legal theory of "business necessity," an employer may defend a practice that has a discriminatory effect by showing that it is necessary for the conduct of its business. If the employer can prove that the practice is job-related and consistent with business necessity, it may be allowed to continue even if it disproportionately affects a certain protected group. However, this defense is not a complete shield from liability, and the employer must still demonstrate that there are no alternative practices that would be less discriminatory but still achieve the same business objective.

An Employer May Avoid Liability for Unintentional Discrimination by Asserting