business necessity
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 401 U.S. 424 - Griggs v. Duke Power Co. · 1971Most cited · 8,410 citing opinions
The Act proscribes not only overt discrimination but also practices that are fair in form, but discriminatory in operation. The touchstone is business necessity. If an employment practice which operates to exclude Negroes cannot be shown to be related to job performance, the practice is prohibited.
How often courts cite the case defining “business necessity”
Court decisions citing the opinion that defined “business necessity” — 8,322 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.