An employer may defend against a claim of unintentional discrimination by asserting that a practice that has a discriminatory effect is a busi?ness necessity.

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Quizplus · Accepted Answer

This defense is known as the business necessity defense, and it can be used by employers to justify a practice that discriminates against a protected class if it is necessary for the business to operate. However, the burden of proof is on the employer to show that the practice is necessary and cannot be accomplished in a less discriminatory way.

An Employer May Defend Against a Claim of Unintentional Discrimination