CourtCases2010

The statements of dials counsel on which the district

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Unformatted text preview: the other safety mechanisms Dial started to put in place in 1996. Dial contends finally that the district court improperly gave it the burden to establish that there was no less discriminatory alternative to the WTS. Dial claims the burden should have been allocated to EEOC as part of the burden shifting framework in disparate impact cases, Firefighters, 220 F.3d at 904. Since Dial failed to demonstrate that the WTS was a business necessity, however, EEOC never was required to show the absence of a nondiscriminatory alternative. Part of the employer's burden to establish business necessity is to demonstrate the need for the challenged procedure, Kirby v. Colony Furniture Co., 613 F.2d 696, 705 n.6 (8th Cir. 1980), and the court found that Dial had not shown that its other safety measures "could not produce the same results." We conclude that the district court findings in its disparate impact analysis were not clearly erroneous, and we see no legal error in its conclusions on liability. Dial claims the district court committed error by awarding back pay and benefits to all but one of the claimants even though twenty four women had been unable to complete the WTS. But once an employer is found liable for a Title VII violation, the district court is obligated to grant "the most complete relief possible." King v. Staley, 849 F.2d 1143, 1144 (8th Cir. 1988). There is a strong presumption that an employee who has suffered discrimination should receive back pay. E.E.O.C. -10v. Rath Packing Co., 787 F.2d 318, 329 (8th Cir. 1986). This presumption can be overcome only if back pay would "frustrate the central statutory purposes of eradicating discrimination throughout the economy and making persons whole for injuries suffered through past discrimination." Albermarle Paper Co. v. Moody, 422 U.S. 405, 421 (1975). The trial court "has broad equitable discretion to fashion back pay awards in order to make the Title VII victim whole." E.E.O.C. v. Delight Wholesale Co., 973 F.2d 664, 669-70 (8th Cir. 1992). The district court's finding of discrimination was based on Dial's use of the WTS and the evi...
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