EMPLOYER DISCRIMINATION; DEFENSES – Legitimate Business Purpose/Business Necessity
Single Topic for Decision 1298E
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505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.11000 – Legitimate Business Purpose/Business Necessity
505.11000 – Legitimate Business Purpose/Business Necessity
In order to demonstate business necessity, the employer must show that it would have made the decision to transfer the employee in spite of his protected activity; demonstrating the reasonableness of its attempts to mitigate the effects of the adverse action is insufficient; p. 4.