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 may have a defense under the business necessity defense. This defense allows an employer to defend a practice that has a discriminatory effect to be justified based on the job-relatedness and business necessity of the practice. Here, the employer can argue that the high school diploma requirement is necessary for job performance and related to the business needs of the company. However, the employer has to demonstrate that the requirement is consistent with business necessity and that there is no other less discriminatory alternative available.

Machine Corporation Requires Its Employees to Have a High School