Business Necessity Defense to Discrimination

Section 103(a) of the ADA further establishes that a showing of job-relatedness and consistency with business necessity may be an affirmative defense to an allegation of discriminatory selection standards: It may be a defense to a charge of discrimination under this Act that an alleged application of qualification standards, tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability has been shown to be job-related and consistent with business necessity, and such performance cannot be accomplished by reasonable accommodation under this title.