The burden thus shifts to the City to defend its promotional process as a valid selection tool. B. Job-Related and Consistent with Business Necessity (Prong 2) 1. Introduction To pass muster under Title VII once disparate impact has been shown, the City must convince the Court that the 2008 exam was both “job related” for the position of Boston Police Department lieutenant and consistent with “business necessity.” Jones, 752 F.3d at 53(quoting 42 U.S.C. § 2000e-2(k)(l)(A)(i)). The purpose of this second prong is not for the Court to substitute its judgment for the City’s or for that of experienced police officers, but to ensure that the City took sufficient care to ensure that its employment practice was consistent with business necessity. Cf. Texas Dep’t of Hous., 135 S.Ct. at 2512 (<HOLDING>) (internal quotation marks omitted); Langlois,
holding that legislative regulations are given controlling weight unless they are arbitrary capricious or manifestly contrary to the statute holding that policies whether governmental or private are not contrary to the disparateimpact requirement unless they are artificial arbitrary and unnecessary barriers holding the court will not disturb the decision of the abcmr unless it was arbitrary capricious contrary to law or unsupported by substantial evidence holding that regulations promulgated pursuant to an express congressional grant of rulemaking authority will be upheld unless they are arbitrary capricious or manifestly contrary to the statute holding that household exclusion clauses in policies of automobile liability insurance are contrary to public policy