achieve the same goal of hiring employees that can perform a job in a safe and efficient manner by using any alternative hiring process/analysis that does not have the same racially disparate impact. Not a fan of these cases in general because companies absolutely should (and do) have the right to evaluate fair background checks as part of the process -- but they do have more of a burden depending on the context in any given case. They need to show how they are mining down more deeply in how they use such information - so using checks perhaps just as a guide - in a way that doesn't result in any disparate impact -- or what someone may say isnt a significant enough difference.