What are considered “employer defenses” in discrimination claims?

In discrimination claims, "employer defenses" refer to the legal justifications that an employer may present to explain or support their employment decisions that are under scrutiny for being potentially discriminatory. When employers use "legitimate business reasons justifying employment decisions" as a defense, they are asserting that their actions were based on non-discriminatory reasons that are both valid and relevant to the business operations. This typically involves showing that the decision was made based on performance, qualifications, and other objective criteria necessary for job roles, rather than on the basis of race, gender, age, or other protected characteristics.

This defense is critical because it shifts the focus from the alleged discriminatory act to the rationale behind the decision, helping jurors or adjudicators evaluate whether the reasons provided genuinely support the actions taken by the employer. The legitimacy of these reasons can be crucial in determining the outcome of a discrimination claim.

The other choices listed do not directly serve as defenses within the context of discrimination claims. Factors like employee tenure and experience pertain more to an employee's qualifications rather than a defense against claims. Comparisons with competitors may provide context but do not effectively justify employment decisions. Active recruitment of diverse candidates can demonstrate an employer's commitment to diversity but does not serve as a defense