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How can development of criteria or minimum standards help in a case of disparate treatment accusations?

How can development of criteria or minimum standards help in a case of disparate treatment accusations?

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Disparate treatment occurs when an employee or an applicant is intentionally discriminated from other people because the individual is a member of one of the protected class. But an employer can escape from liability by proving that the discrimination was necessary due to reasons of business necessity to meet a bona fide occupational qualification or to maintain a legitimate seniority system. Development of criteria or minimum standards that are in line with the job specification help to prove these defenses and that it was not intentional. It helps to prove bona fide qualification because with the help of the minimum standards or criteria set for the job, the employer can prove that the protected characteristic was reasonably necessary to the normal operation of the business and hence it cannot be considered as discrimination. The standards can be also used to prove that the seniority system was bona fide and there was no intention to discriminate.

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