Final answer:
An employer's requirement for employees to be able to lift 100 pounds could result in a disparate impact discrimination lawsuit unless it can be justified as a Bona Fide Occupational Qualification.
Step-by-step explanation:
True, an employer's decision to hire only applicants who can lift at least 100 pounds over their heads could lead to a lawsuit alleging disparate impact discrimination. This type of hiring criterion may disproportionately exclude certain demographic groups, such as women, if it's not an essential job function or if the weight requirement exceeds what is necessary to perform the job effectively.
However, an employer could potentially justify the requirement under a Bona Fide Occupational Qualification (BFOQ) defense if they can prove that the ability to lift 100 pounds is truly necessary for the job and that all or substantially all women would be unable to perform the job due to this requirement.
In addition, an employer must show that the job requirement does not undermine the essence of the business operation and that there are no reasonable alternative accommodations that could be made.