Description
Assignment Choice #2: Employment Discrimination and the Bona Fide Occupation Qualification
In hiring a prospective employee, there are legitimate reasons for not hiring someone. For example, the prospective employee may not meet legal requirements (i.e., he or she is a minor and cannot complete the tasks of the job based on the young age) or positional requirements (i.e., he or she does not have the required experience or education for the position and the employer demonstrates this requirement as a business necessity).
Neither of these examples is discrimination. However, there are protected classes that cannot be discriminated against. Title VII provides five protected classes that cannot be discriminated against. For review of the protected classes, see page IV of this week’s module. However, Title VII only applies to companies with 15 employees or more.
Further, the bona fide occupational qualification (“BFOQ”) can be argued as a reason for discrimination by the employer, even of the protected classes. Importantly, though, is that race and color (two of the five protected classes under Title VII) are not on the list of permissible BFOQs.
For this assignment, complete the following:
- Using the internet, research a case where an individual claimed discrimination, either in his or her hiring or firing, and the employer argued a permissible BFOQ was the reason behind the failure to hire or behind the firing.
- Identify and clearly define the relevant law utilized by the court in determining the outcome of the case. This includes defining applicable legal doctrine, provisions of a law, or elements of a specific cause of action.
- Apply facts from the researched situation to the applicable law, doctrine or cause of action researched.
Then, address the following:
- Should Title VII apply to every company, regardless of number of employees?
- Should race and color be permissible bona fide occupational qualifications or should the BFOQ exceptions to employment discrimination be removed completely?
In answering these questions, be sure to consider the effect on the business world and on society generally. Clearly summarize lessons learned from the week as they apply to your researched case. Identify new thoughts or ideas based on the module information and identify any related ethical issues.
Your paper should be 2-3 pages in length, not including the title or references page. Review the grading rubric, which can be accessed from the Course Information page, and make sure to follow the CSU-Global Guide to Writing and APA Requirements.
Explanation & Answer
Attached.
Employment Discrimination and the Bona Fide Occupation Qualification - Outline
Thesis statement: The BFOQ allows employers to hire employees basing on their ages, sex,
race, national origin etc.
I.
Approach used
A. Explanation of the BFOQ concept
B. Review of a sample case
C. Identification of the major legal facts of the case
D. Identification of the case ruling
E. Discussion in favor of application of Title VIII by companies
F. Discussion of permissible BOFQ and whether it should be eliminated
Running head: EMPLOYMENT DISCRIMINATION AND BFOQ
Employment Discrimination and BFOQ
Name
Institution
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EMPLOYMENT DISCRIMINATION AND BFOQ
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Employment Discrimination and BFOQ
Employment discrimination is a vice that harms the society. It happens in the
business environment where employers claim to protect their interests. This is the sole reason
for the rise of the Bona Fide Occupational Qualification (BFOQ). The concept allows the
employers to hire their employees depending on their national origin, religion, sex, gender,
race, and age if these qualifications are critical to the job (Sirota, 1976). Employers use this
concept as a defen...
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