A quota-based affirmative action program is not a sufficient reason for discriminatory employment practices. Voluntary affirmative action programs are acceptable when they're remedial in purpose, limited in duration, restricted in effect, flexible in implementation, and cause minimal harm to innocent parties.

However, quota-based affirmative action programs are not flexible in implementation. On the other hand, business necessity, bona-fide seniority systems, and job-relatedness can be acceptable reasons for discriminatory practices.

Business necessity is proven when employers are able to demonstrate that selection decisions are essential to the continuing safe and efficient operation of the business. For example, an oil rig 2 hours away by helicopter from a medical facility may be an unacceptable place for a pregnant woman to work.

In addition, an organization that has established and maintained a seniority system without the intent to discriminate is bona fide. The organization just needs to maintain this system on a consistent basis.

Finally, job relatedness refers to essential functions and tasks that are needed in order to be successful on the job. For example, a company may only interview male candidates for a position that requires individuals to lift objects that are 200 lbs on a continual basis.