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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Abril-Rivera v. Johnson, 806 F.3d 599 (2015)

Citation
Abril-Rivera v. Johnson, 806 F.3d 599 (2015)
Parent Document
Abril-Rivera v. Johnson, 806 F.3d 599 (2015)
Effective Date
2015-11-17

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Alternatively, the defendant may confess and avoid, acknowledging the legal sufficiency of the prima facie case but endeavoring to show: either that the challenged practice is job-related and consistent with business necessity, or that it fits within one or more of the explicit statutory exceptions covering bona fide seniority systems, veterans’ preferences, and the like. In all events, however, a defendant’s good faith is not a defense to a disparate impact claim.