FYI -

June 9, 2026 Opinion of the DOJ

<< Workplace requirements and selection procedures—such as background checks, aptitude tests, and SAT scores—are presumptively job-related. Only irrational or arbitrary practices with no plausible job-relatedness can create disparate-impact liability

<< First, the business-necessity defense is not a high bar; it requires employers to demonstrate only that the challenged practice is rational, convenient, or helpful for serving a valid business purpose. Employment practices are presumptively job-related, and only irrational or arbitrary practices with no plausible job-relatedness can create disparate-impact liability.

Source, US DOJ opinion:

https://www.justice.gov/olc/media/1444871/dl?utm_medium=email&utm_source=govdelivery