What is a "business necessity" defense in discrimination lawsuits?

A "business necessity" defense in discrimination lawsuits refers to a justification for an employment practice that is based on the legitimate requirements of the business. This means that an employer may argue that a specific employment decision or practice is essential for the operation of the business and is directly related to the job's needs. This defense is often invoked in cases where a seemingly discriminatory practice is challenged, and the employer must demonstrate that the practice serves a critical function that is necessary for the safe and efficient operation of the business.

For example, if a company establishes a height requirement for a job where being a certain height is essential for safety or proper performance (such as for firefighters needing to reach certain equipment), the employer can assert that this requirement is grounded in a business necessity. The key aspect of the "business necessity" defense is that it must be proven that the employment practice in question is not just arbitrary or discriminatory but rather is essential for fulfilling a critical role within the company.

Therefore, this justification ensures that businesses can maintain operational effectiveness while attempting to comply with anti-discrimination laws.