CACI No. 2501

[Name of defendant] claims that [his/her/ nonbinary pronoun/its] decision

[to discharge/[other adverse employment action]] [name of plaintiff] was

lawful because [he/she/ nonbinary pronoun/it] was entitled to consider

[protected characteristic] as a job requirement. To succeed, [name of

defendant] must prove all of the following:

1. That the job requirement was reasonably necessary for the

operation of [name of defendant]’s business;

2. That [name of defendant] had a reasonable basis for believing that

substantially all [members of protected group] are unable to safely

and efficiently perform that job;

3. That it was impossible or highly impractical to consider whether

each [applicant/employee] was able to safely and efficiently

perform the job; and

4. That it was impossible or highly impractical for [name of

defendant] to rearrange job responsibilities to avoid using

[protected characteristic] as a job requirement.

New September 2003; Revised May 2024*, December 2025