Will the case be denied if job requirements exceed the Job Zone

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If the education and experience in a particular case exceed the job zone assigned by the DOL, the case may only proceed if the company can demonstrate business necessity for the additional requirements. Business necessity is clearly established where the requirements bear a reasonable relationship to the occupation in the context of the employer’s business and are essential to perform the job in a reasonable manner.

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T.R. Weaver has practiced law since 2003. She is licensed in Washington State, and admitted to practice law in the United States Federal Courts to assist with the representation of individuals with Immigration challenges. She has been an adjunct professor at various Community Colleges in their Criminal Justice and Paralegal Programs. Ms. Weaver is available for speaking engagements, workshops and seminars.

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