Civil Rights Case: What Are Thesis

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Employers are not permitted to create requirements for jobs that have a disparate impact upon the ethnic composition of the workforce, if such requirements are not necessary for the job. But "once a plaintiff has established a prima facie case of disparate impact, the employer may defend by demonstrating that its policy or practice is job related for the position in question and consistent with business necessity." Furthermore, "the City's assertions that the exams at issue were not job related and consistent with business necessity are blatantly contradicted by the record, which demonstrates the detailed steps taken to develop and administer the tests and the painstaking analyses of the questions asked to assure their relevance to the captain and lieutenant positions.

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" Only after fearing it might be the subject of a lawsuit, not out of due consideration of the relevance of the exam to select the best officers did the city expunge the results.

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