1989 and other circuits are divided on the issue in

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Unformatted text preview: eged. EEOC responds that the jury appeared to have found April 2001 to be the month when Dial must have known of the discriminatory effect of the WTS, but nonetheless continued to use it for future hiring periods. A reasonable jury could discredit Lutenegger's testimony that the decrease in injuries was the company's motivation for continuing to use the WTS. A reasonable jury could also have found that the differing treatment of males and females supported an inference of intentional discrimination. We conclude that the evidence was sufficient for a reasonable jury to find that there was a pattern and practice of intentional discrimination against women and that the district court did not err by denying Dial's motion for judgment as a matter of law. Dial objects to the district court's findings of disparate impact and its conclusion that the company failed to prove the WTS was necessary to establish effective and safe job performance. We review the district court's factual findings regarding disparate impact for clear error and its legal findings de novo. Fed. R. Civ. P. 52(a). In a disparate impact case, once the plaintiff establishes a prima facie case the -8employer must show the practice at issue is "related to safe and efficient job performance and is consistent with business necessity." Firefighters Inst. for Racial Equality v. City of St. Louis, 220 F.3d 898, 904 (8th Cir. 2000). An employer using the business necessity defense must prove that the practice was related to the specific job and the required skills and physical requirements of the position. Belk v. Southwestern Bell Telephone Co., 194 F.3d 946, 951 (8th Cir. 1999). Although a validity study of an employment test can be sufficient to prove business necessity, it is not necessary if the employer demonstrates the procedure is sufficiently related to safe and efficient job performance. Hawkins v. Anheuser-Busch, Inc., 697 F.2d 810, 815-16 (8th Cir. 1983). If the employer demonstrates business nec...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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