An employer may defend a disability discrimination case with a claim of business necessity.

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Disparate impact cases, on the other hand, will involve a qualification standard, a rule that applies across the board to all employees. In those cases, the employer may defend with a claim of business necessity, by explaining that the qualification standard was dictated by business requirements. Note that this is different from the bona fide occupational qualification (BFOQ) defense, which applies in some other antidiscrimination cases, and which does not apply in disability discrimination cases.

An Employer May Defend a Disability Discrimination Case with a Claim