Question
Question 2-1 : In 1991, the Civil Rights bill was amended. The new bill stated that, once an employee proves that a particular employment practice
Question 2-1:
In 1991, the Civil Rights bill was amended. The new bill stated that, once an employee proves that a particular employment practice causes a discriminatory impact, the employer must demonstrate that the challenged practice is job-related for the position in question and consistent with business necessity.
Congress did not define the terms job-related or business necessity.
Please answer these questions:
Since Congress did not define these terms, who defines them and how?
What are the ways these terms can be changed?
Consulting your book, and any other interesting cases, what is the best legal definition you can think of for a job-related practice? What about for a practice that is considered a business necessity?
Give an example for each of the definitions you provide above (this means 2 separate examples).
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