When Can an Employer Use a Business Necessity Defense? How

question 23

Essay

When can an employer use a business necessity defense? How can this defense be broken by a plaintiff?

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Definitions:

Competence

The ability to effectively perform or achieve a specific task or function.

Performance

The act or process of carrying out an action or task, often evaluated in terms of effectiveness, skill, or efficiency.

Objectivity

The practice of maintaining neutrality and impartiality, avoiding bias and subjective judgments.

Transductively

Thinking or reasoning that makes connections between specific observations or events, often seen in the cognitive processes of young children.