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Real-life example<\/h3>\n\n\n\n
A business necessity can also be discriminatory when misused. For instance, in 1971, the U.S. Supreme Court ruled in Griggs v. Duke Power Co<\/a> that employers couldn\u2019t use seemingly neutral employment practices with discriminatory effects, unless those practices were related to job performance. <\/p>\n\n\n\n In the case in question, it was shown that the employer required a high school diploma and standardized test requirements not directly related to the skills needed for the job. This was deemed discriminatory, as not only were those educational requirements unnecessary, they were found to disproportionately exclude Black candidates.<\/p>\n\n\n\n Role requirements must only be invoked when absolutely necessary to promote fairness and prevent legal and operational issues. Consider the following:<\/p>\n\n\n\n Here are a few common examples of genuine job requirements, where employers can\u2019t find less discriminatory methods to achieve the same results:<\/p>\n\n\n\n A company can require a specific degree or certain amount of experience for highly specialized roles that need in-depth knowledge of complex topics. For instance, a financial analyst role requiring a degree in finance or a certain number of years of experience in that field is a necessity for the role, not just a preference.<\/p>\n\n\n\nThe importance of business necessity<\/h2>\n\n\n\n
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5 examples of business necessity<\/h2>\n\n\n\n
Example 1: Education and experience<\/h3>\n\n\n\n
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