What is the test for determining whether a business purpose is sufficiently compelling to override discrimination?

MultiRegion, United States of America

The following excerpt is from Harriss v. Pan American World Airways, Inc., 649 F.2d 670 (9th Cir. 1981):

"the business purpose must be sufficiently compelling to override any (discriminatory) impact; the challenged practice must effectively carry out the business purpose it is alleged to serve; and there must be available no acceptable alternative policies or practices which would better accomplish the business purpose advanced, or accomplish it equally well with a lesser (discriminatory) impact."

Blake, supra, at 1376, quoting from Robinson v. Lorillard Corp., 444 F.2d 791, 798 (4th Cir. 1971).

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