Business practices which have a discriminatory impact are allowed as long as the practice bears a reasonable relationship to job performance or is supported by business necessity. It is extremely difficult to prove discrimination under title VII. A complainant must establish that the discrimination was intentional. If a prima facie case of intentional discrimination is established. an employer can still rebut it by establishing any legitimate reason for the discriminatory treatment. Another charge that Hawkins adds another level of bureaucracy. This wrong the U.S. Immigration Board already exists to adjudicate exclusion and deportation matters. Hawkins merely expands the Boards responsibilities to include adjudication of discrimination claims. In addition. the Hawkins provision provides an expedited administrative process for adjudicating charges of discrimination.
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