Is the Policy Job-Related and Consistent With Business Necessity?
The Authority claims that the Policy is justified by two business necessities: curbing sick leave abuse, and ensuring safety. With respect to each justification, the Authority must show (1) that the claimed purpose is in fact a business necessity, (2) that the Policy genuinely contributes to it, and (3) that the class affected is reasonably defined. For the following reasons, I find that the asserted business necessity of curbing sick leave abuse is not sufficient to justify the Policy other than with respect to the class of employees on the sick leave control list. The asserted business necessity of ensuring safety is sufficient to justify the Policy with respect to bus operators, and any other group of employees who perform safety-sensitive work. n80 1. Sick Leave Abuse a. Is Curbing Sick Leave Abuse a Business Necessity? Conroy recognized that curbing absenteeism may be a business necessity, in some workplaces, but held that the employer has the burden of showing that this goal is a
