Defense of the high school diploma requirement likely will be successful, because courts have almost taken judicial notice of the business necessity of this educational requirement for police. The second manager is considering the adoption of a written promotional exam.
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www.lectlaw.com/files/emp35.htm
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Definition of "Bona Fide Occupational Qualification" ... The 'Lectric Law Library's Lexicon On; * Bona Fide Occupational Qualification * ... ; Court, Business and Personal Forms for all Situations and Locations ; (This should open a new window. Close it when you're done and you may be back here.)
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www.lectlaw.com/def/b044.htm
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The Ninth Circuit Court of Appeals, sitting en banc, in Bates v. United Parcel Service, Inc., re-visited the issue of the business necessity defense a ... Home > Employment > The ADA's business necessity defense...
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educationlaw.foxrothschild.com/2008/02/articles/employm...
educationlaw.foxrothschild.com/2008/02/articles/employment/the-adas-business-necessity-defense/
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The new PERM regulations retain "business necessity" as the only available justification for job requirements exceeding those "normally required for the occupation," and as one of three possible justifications for requir...
http://www.ilw.com/articles/2006,0209-eiss.shtm
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Immigration law news for immigrants as well as immigration professionals on obtaining visas, greencard and citizenship ... Background: "Business Necessity" as a Defense to a Title VII Disparate Impact Claim ... at 434. According to Griggs, an employer’s only available defense to a disparate impact claim is business necessity:
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www.ilw.com/articles/2006,0209-eiss.shtm
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The Ninth Circuit Court of Appeals reconsidered its prior ruling in Bates v. UPS, 04-17295. In its opinion enbanc, the court changed its analysis of an employer's use of the business necessity defense in Americans' With Disabilities Act (ADA) cases.
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oregonlaborlaw.blogspot.com/2008/01/9th-circuit-address...
oregonlaborlaw.blogspot.com/2008/01/9th-circuit-addresses-employer-business.html
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99-1371, 1999. The court held that SWB was entitled to a specific jury instruction on the business necessity defense under the Americans with Disabilities Act (ADA). The trial court had refused to provide this instruction because this defense was adequately covered by other jury instructions.
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www.siop.org/TIP/backissues/TipApril00/26Demonte.aspx
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II BUSINESS NECESSITY - THE UNDUE HARDSHIP DEFENSE ... An employer must provide only an accommodation that is "reasonable." An accommodation is not reasonable if it would impose an "undue hardship" on the operation of the employer’s business. "Undue hardship" means significant difficulty or expense in making,
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www.ucop.edu/humres/workers_compensation/supervisor/ret...
www.ucop.edu/humres/workers_compensation/supervisor/return_to_work_2.html
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Business Necessity Defense Applies in cases of disparate impact. Must have a facially neutral policy. Policy must comport with the business requirments of the business. UAW v. Johnson Controls -- Does Business Necessity apply to a fetal protection policy which only operates on women?
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www.lectlaw.com/files/lws07.htm
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