Assuming that the following established disparate impact based on a protected trait, at least under some circumstances, what problems might an employer have in establishing that the practice is job-related and consistent with business necessity?

• All administrative assistants at a company have typing responsibilities as part of their job. The company administers a test that requires all candidates for the position of administrative assistant to type from dictation. If the administrative assistant candidate cannot type at the specified words per minute, the individual is not considered for an open position.
• A predominantly white municipality requires all of its employees to live within the city limits.
• The New York City Police Department has validated a physical fitness test for police candidates. A fire department in a small rural community relies on this validation to use the test for potential job candidates.