In a disparate impact case,the Civil Rights Act of 1991 now provides that even if an employer can prove the "business necessity" of a challenged employment practice,the plaintiff can still win if the employer's interest could be met in a non-discriminatory manner.

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The Civil Rights Act of 1991 added this provision to allow plaintiffs to still win a disparate impact case even if the employer can prove business necessity, if there is an alternative non-discriminatory way to achieve the same business goal.

In a Disparate Impact Case,the Civil Rights Act of 1991