What is required for an employer to demonstrate the validity of a discriminatory employment practice?

To establish the validity of a discriminatory employment practice, an employer must demonstrate that the discriminatory aspect of the practice has a direct correlation to job performance. This means providing concrete evidence that the practice contributes to the effectiveness and efficiency of the job, ensuring that it is not merely based on bias or unfounded stereotypes.

When an employer can show that the criteria used in their employment decisions effectively relate to the essential functions of the job, it helps to justify why that particular practice is necessary and relevant. This is crucial in legal and organizational settings where equitable hiring and promotion practices are mandated. By connecting the discriminatory practice to measurable job performance outcomes, the employer can strengthen their case for the legitimacy of their actions, thus meeting legal standards that require justification for employment policies that appear discriminatory.

Having company policy documentation or written justifications might provide context, while employee feedback could reflect individual opinions or experiences, but these elements do not directly address the requirement of job-relatedness that is vital for defending a discriminatory practice in an employment setting.