defenses to discrimination

what is BFOQ?

bona fide occupational qualification. allows an employer to hire based on sex, religion, or national origin when the characteristic is essential to the job. rare exception.

what is business necessity?

only shows up in disparate impact cases. employer must prove the policy is job-related & consistent with business necessity.

what is undue hardship?

shows up in accommodation cases.

what is undue hardship under title VII?

employers must reasonably accommodate sincerely held religious beliefs/practices unless doing so creates more than a de minimis cost or burden

what is undue hardship under ADA?

significant difficulty or expense when considering employer size, recourses, nature of operation, overall financial condition

what is after acquired evidence?

evidence discovered after the adverse action that shows the employee engaged in serious misconduct that would have led to termination anyway