Yes, the hypothetical you described is one potential scenario of the line you quoted: > ... unless the defendant employer demonstrates that the practice or pol

Yes, the hypothetical you described is one potential scenario of the line you quoted: > ... unless the defendant employer demonstrates that the practice or policy in question has a demonstrable relationship to the requirements of the job in question.[3] This is the "business necessity" defense.[1]” But it's still just a hypothetical. The only way to get more certainty is for you to hire a lawyer to advise you on the matter. The only way to get absolute certainty is to actually carry out the scenario and go through a lawsuit :-)