What is the “business necessity” defense in employment discrimination cases?

The "business necessity" defense in employment discrimination cases involves demonstrating that a particular employment practice that may have a discriminatory effect is necessary for the safe and efficient operation of the business. This means that the employer must show that the practice in question is directly related to the essential functions of the job and that it serves a legitimate business purpose.

In this context, the defense typically arises when an employment practice disproportionately affects a protected group (such as by race, gender, or age) but is argued to be justified because it is essential for carrying out the job responsibilities effectively. For instance, if a company requires a specific height requirement for a position that involves physical tasks, they would need to show that this requirement is critical to the performance of those tasks.

Thus, the requirement that a discriminatory practice relate to job performance is at the core of the "business necessity" defense, making it a critical aspect of the legal framework surrounding employment discrimination.