What is a business necessity?
Business necessity is the rule that it states any request from work, must have a direct impact on the performance of the task. The aim is to prevent those employers who may try to unnecessarily exclude qualified candidates on the basis of frivolous employment requirements. Employers must not discriminate against qualified jobseekers for any purpose and, in order to protect themselves, may claim a business necessity as a reason why some applicants refuse. An example is a US -based company with many Chinese customers looking for receptionists. The company can disqualify many qualified candidates based on the fact that they do not speak Chinese language. In this case, business necessity becomes legitimate defense for its events.
The question that arises in business necessity is its application of some reckless employers who can hide behind the sheath of business requests to discriminate against certain applicants. For exampleimmigrants who are not fluent in English. For such employers it would not matter that the immigrant has skills and qualifications required from work. If the immigrant does not fit into the company's culture or the image of the company, such a person will not be employed. A company that is looking for a security guard can disqualify all partially affected applicants simply because he is looking for someone who is able to meet the requirements of work.
Another area in which the use of a business need to lead to unfair rejection of applicants may be hiring qualified applicants with criminal records. Although the applicant has become rehabilitated, it is very difficult for most businesses to hire anyone who has a criminal record. Once the company has carried out a background check and discovers, such an applicant M.ay does not want a chance to gain gainful employment. Not only is it unfair, but also makes it difficultM people to earn an honest life, which sometimes causes to turn to the life of crime again.
The entitlement to a business necessity can also be caused in a situation where the company hires some sex over another. For example, a company that participates in the entertainment industry, such as casino, may prefer to hire a man in a limited number of positions. They may rather employ mainly attractive women to serve as hostesses, sellers in Blackjack tables and other types of roles. This could be a reason for a discriminatory action of women who do not meet their criteria or the definition of attraction, as well as men who may feel marginalized.