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?