PJC Business

PJC 107.6

E MPLOYMENT

requirement is job-related and justified by a valid business necessity. Tex. Lab. Code §21.115. “Business necessity” is never a justification, however, for intentional dis crimination (disparate treatment). Tex. Lab. Code § 21.123. Submission of disparate impact cases. Tex. Lab. Code §21.122 sets forth the elements and burden of proof necessary in a disparate impact case and is the basis of the Committee’s following suggested questions and instructions: QUESTION ______ Did Don Davis ’s requirement that [ describe specific employment practice ] have a disparate impact on [ name of protected group, e.g., women, racial minorities ]? “Disparate impact” is established if an employer uses a particular employment practice, even if apparently neutral, that has a signifi cant adverse effect on the basis of [ race, color, sex, national origin, etc. ]. Answer “Yes” or “No.” Answer: _______________ If you answered “Yes” to Question ______ [ disparate impact question ], then answer the following question. Otherwise, do not answer the following question. QUESTION ______ Was Don Davis ’s requirement that [ describe specific employment practice ] job-related to the position in question and consistent with business necessity? An employment practice is job-related if the practice clearly relates to skills, knowledge, or ability required for successful perfor mance on the job. For an employment practice to be consistent with business necessity, it must be necessary to safe and efficient job per formance. Answer “Yes” or “No.” Answer: _______________ If you answered “Yes” to Question ______ [ employment practice question ], then answer the following question. Otherwise, do not answer the following question.

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