Job-related for the position in question and consistent with business necessity (§ 2000e-2(k)(1)(A)(i))

AND · 42usc2000e-2:impact.business-necessity

Employer's rebuttal burden under § 2000e-2(k)(1)(A)(i). Under § 2000e-2(k)(2), business necessity may not be used as a defense against a claim of intentional discrimination. RICCI_SCOPE: Ricci quotes in this block describe a hypothetical disparate-impact claim considered within the defense to intentional discrimination; they do not record adjudication of an actual subsection (k) claim against this employer.

Exact element source

the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity
Source: docroot/ir/usc/title42.jsonl#title42_sec2000e-2; Unicode character offsets [8759:8906] (end exclusive); SHA-256 7b026a9ac957c5491602d868578271db8730b4c98650f1a4007b2e7430194c8b.
A demonstration that an employment practice is required by business necessity may not be used as a defense against a claim of intentional discrimination under this subchapter.
Source: docroot/ir/usc/title42.jsonl#title42_sec2000e-2; Unicode character offsets [10024:10199] (end exclusive); SHA-256 7b026a9ac957c5491602d868578271db8730b4c98650f1a4007b2e7430194c8b.

All variants

Recorded DB variant labels, including zero-count variants
VariantDescriptionMerits instance blocksDistinct casesExample cases (up to 3 per group)
business-necessity/height-requirement0
Satisfied 0; not satisfied 0; excluded context 1
0No counted merits examples

Excluded context examples: /f2d/706/0001-01 — United States Court of Appeals for the First Circuit · 1982 — applied/superseded

business-necessity/job-related-exam-professionally-developed-from-job-analysis0
Satisfied 0; not satisfied 0; excluded context 1
0No counted merits examples

Excluded context examples: /us/557/0557-01 — Supreme Court of the United States · 2009 — applied/hypothetical

job-related-necessityDemonstration that the challenged practice is job-related for the position in question and consistent with business necessity0
Satisfied 0; not satisfied 0; excluded context 0
0No annotation uses in this snapshot

How courts decided this element

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopeVariantExact source quotations
/f2d/706/0001-01 — United States Court of Appeals for the First Circuit · 1982Job-related for the position in question and consistent with business necessity (§ 2000e-2(k)(1)(A)(i))not
Excluded from merits counts
applied / superseded

basis: conceded; claim: (a)(2); party: defendant City of New Bedford officials; count: second rejection, from the women-only list; the only count on appeal; opinion: panel (Bownes); subject: party=defendant City of New Bedford officials; count=second rejection, from the women-only list; the only count on appeal; opinion=panel (Bownes)

Employer never attempted a job-relatedness showing; the en banc court did not reach this step because no prima facie impact.
business-necessity/height-requirement
Since the city did not seek to justify its requirement by proving job-relatedness, plaintiff has proven a complete violation of Title VII.
Source: docroot/ir/caselaw/f2d_706.jsonl#/f2d/706/0001-01; Unicode character offsets [14131:14269] (end exclusive); SHA-256 a04ddf6b77ebbe1be45da604edab3afaa55f3443924aa30b820fa57e210b4ed1.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/us/557/0557-01 — Supreme Court of the United States · 2009Job-related for the position in question and consistent with business necessity (§ 2000e-2(k)(1)(A)(i))satisfied
Excluded from merits counts
applied / hypothetical

basis: law; claim: (a)(1),(k),(l),(h),(j); party: non-party minority candidates who would have held a disparate-impact claim against the City had the results been certified; defendant City of New Haven and the officials who opposed certification (respondents); count: (k) disparate-impact claim that would have followed certification; never brought; theory: strong-basis-in-evidence inquiry inside defense x-disparate-impact-compliance: would the City have been liable on impact-suit (step 1 = impact, step 2 = impact.business-necessity, step 3 = impact.alternative); subject: party=non-party minority candidates who would have held a disparate-impact claim against the City had the results been certified; defendant City of New Haven and the officials who opposed certification (respondents); count=(k) disparate-impact claim that would have followed certification; never brought; theory=strong-basis-in-evidence inquiry inside defense x-disparate-impact-compliance: would the City have been liable on impact-suit (step 1 = impact, step 2 = impact.business-necessity, step 3 = impact.alternative)

"satisfied" = the employer's business-necessity showing would have succeeded, which is why the defense to the treatment claim FAILS. The missing validation report is the one gap in the showing; the Court charges it to the City, which never asked for it.
business-necessity/job-related-exam-professionally-developed-from-job-analysis
In order to fit the examinations to the New Haven Department, IOS began the test-design process by performing job analyses to identify the tasks, knowledge, skills, and abilities that are essential for the lieutenant and captain positions.
Source: docroot/ir/caselaw/us_557.jsonl#/us/557/0557-01; Unicode character offsets [5283:5522] (end exclusive); SHA-256 260918fc09a3789f6fc5f393d32a8891037013cb975d044af335bcd3f84ab557.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

IOS devised the written examinations, which were the focus of the CSB’s inquiry, after painstaking analyses of the captain and lieutenant positions — analyses in which IOS made sure that minorities were overrepresented.
Source: docroot/ir/caselaw/us_557.jsonl#/us/557/0557-01; Unicode character offsets [51919:52138] (end exclusive); SHA-256 260918fc09a3789f6fc5f393d32a8891037013cb975d044af335bcd3f84ab557.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Although the City’s contract with IOS contemplated that IOS would prepare a technical report consistent with EEOC guidelines for examination-validity studies, the City made no request for its report.
Source: docroot/ir/caselaw/us_557.jsonl#/us/557/0557-01; Unicode character offsets [53796:53995] (end exclusive); SHA-256 260918fc09a3789f6fc5f393d32a8891037013cb975d044af335bcd3f84ab557.

Evidence kind: fact; polarity: cuts-against; absent flag: 1; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

An employer may defend against liability by demonstrating that the practice is “job related for the position in question and consistent with business necessity.”
Source: docroot/ir/caselaw/us_557.jsonl#/us/557/0557-01; Unicode character offsets [32736:32897] (end exclusive); SHA-256 260918fc09a3789f6fc5f393d32a8891037013cb975d044af335bcd3f84ab557.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

There is no genuine dispute that the examinations were job related and consistent with business necessity.
Source: docroot/ir/caselaw/us_557.jsonl#/us/557/0557-01; Unicode character offsets [51534:51640] (end exclusive); SHA-256 260918fc09a3789f6fc5f393d32a8891037013cb975d044af335bcd3f84ab557.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations

hypothetical

An employer may defend against liability by demonstrating that the practice is “job related for the position in question and consistent with business necessity.”

/us/557/0557-01 — Supreme Court of the United States · 2009

An employer may defend against liability by demonstrating that the practice is “job related for the position in question and consistent with business necessity.”
Source: docroot/ir/caselaw/us_557.jsonl#/us/557/0557-01; Unicode character offsets [32736:32897] (end exclusive); SHA-256 260918fc09a3789f6fc5f393d32a8891037013cb975d044af335bcd3f84ab557.

Employer's rebuttal burden under § 2000e-2(k)(1)(A)(i). Under § 2000e-2(k)(2), business necessity may not be used as a defense against a claim of intentional discrimination. RICCI_SCOPE: Ricci quotes in this block describe a hypothetical disparate-impact claim considered within the defense to intentional discrimination; they do not record adjudication of an actual subsection (k) claim against this employer.