Does The Employer Have To Prove Business Necessity In A Disparate Impact Case?

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Does The Employer Have To Prove Business Necessity In A Disparate Impact Case?

Since the Civil Rights Act of 1991, once a prima facie allegation has been established, the employer is required to not only prove that the employment practice is job related, but that it is required by business necessity. To establish business necessity, the employer must show that its particular business practice bears a demonstrable relationship to the successful performance of the jobs for which it was used.

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