In a disparate impact case, the Civil Rights Act of 1991 now provides that if an employer can prove the "business necessity" of a challenged employment practice, the plaintiff cannot win.

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The Civil Rights Act of 1991 allows a plaintiff to win a disparate impact case even if the employer proves "business necessity" for the challenged practice, by demonstrating that an alternative employment practice exists that serves the employer's needs without creating the disparate impact.

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