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

Other Employment Discrimination FAQs

• Q: What Is Employment Discrimination?
  A: Employment discrimination generally occurs when an employee is intentionally treated differently because of the employee’s race, color, religion, national … More
• Q: What Does The Civil Rights Act Of 1964 (Title VII) Govern?
  A: Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, sex, religion or national origin.  Title VII prohibits not … More
• Q: What Is The Difference Between Disparate Impact And Disparate Treatment?
  A: Discrimination on its face is disparate treatment. However, rules or policies that are facially neutral can have a disproportionate impact on minorities and other … More
• Q: What Does The Eeoc Do If It Determines That A Violation Of The Law Has Occurred?
  A: If the EEOC determines that there is reasonable cause to believe that discrimination occurred, a written determination and invitation to enter into settlement … More
• Q: What Administrative Body May Impose Remedies For A Violation Of The Civil Rights Act Of 1964?
  A: The Equal Employment Opportunity Commission (EEOC) administers and enforces Title VII of the Civil Rights Act of 1964. The EEOC has the power to investigate, … More
• Q: What Is A For Cause Defense To A Discrimination Claim?
  A: An employer may defend against a discrimination claim by showing the court that it had good cause or a legitimate non­discriminatory reason for its action. For … More
• Q: What Is A Bona Fide Occupational Qualification Defense To A Discrimination Claim?
  A: Under Title VII, an employer can select employees on the basis of religion, sex or national origin in those instances in which it is a bona fide occupational … More
• Q: What Is A Seniority System As A Defense To A Discrimination Claim?
  A: There may be different standards of compensation or different terms and conditions of employment pursuant to a bona fide seniority system, if such a difference is not … More
• Q: As An Employer, What Can I Expect To Happen In An Eeoc Investigation?
  A: After a charge is filed, you may be asked to provide a statement of position responding to the allegations in the charge. You may also be asked to provide documents or … More
• Q: What Happens If There Is A Mixed Motive In An Action Taken By An Employer; One Discriminatory And The Other Non-Discriminatory?
  A: When the employer had a mixed motive and if that same action would have been taken even in the absence of the discriminatory motive. The Civil Rights Act of 1991 … More