Final answer:
A defendant can avoid liability in a disparate impact discrimination case by claiming business necessity.
Step-by-step explanation:
A defendant can avoid liability in a disparate impact discrimination case by claiming that the discrimination was for a business necessity. Business necessity refers to a legitimate reason for the discriminatory practice that is rationally related to a legitimate government interest. In order to successfully claim business necessity, the defendant must prove that the discriminatory practice is necessary for the successful operation of the business or organization.