Final answer:
The broadest defense to employment discrimination is 'business necessity,' which allows employers to justify practices with a legitimate business requirement, so long as there is no less discriminatory alternative. Market forces and the enforcement of federal anti-discrimination laws can also provide incentives for businesses to act less discriminatorily.
Step-by-step explanation:
The broadest defense to employment discrimination is business necessity. This defense asserts that an employer's decision or policy, despite having a disparate impact, is justified by a legitimate and necessary business requirement that cannot be reasonably met through less discriminatory alternatives. The defense can be exceptionally broad because it encompasses any legitimate business need that justifies an otherwise discriminatory practice, as long as the employer can prove that the practice is essential for the operation of the business and there is no less discriminatory alternative available.
For instance, a discriminatory business that is underpaying its workers might see those workers leave for another employer offering better pay. Such market pressures can act as a force to reduce discriminatory practices. Additionally, federal laws enforced by entities such as the Americans with Disabilities Act mandate non-discriminatory treatment in hiring, potentially influencing businesses to abide by these laws to avoid legal ramifications. In the case of market forces, a flower delivery business or an assembly line that is discriminatory might lose customers or struggle with staffing, respectively, which can be an incentive to act in a less discriminatory fashion.