...The BFOQ doctrine is illustrated and explicated in four key categories: gender/sex, religion, national origin, and age (Cavico & Majtaba, 2016).” “The initial and most important point about the BFOQ doctrine is the BFOQ defense is written narrowly and is to be read narrowly (Cavico & Mujtaba, 2016)”. “The burden of proof and persuasion, moreover, is on the employer to establish that a particular position justifies a BFOQ and concomitant discrimination in employment (Cavico & Mujtaba, 2016)”. In the military, there are several positions for all persons to consider in order to maximize human potential. I am against using BFOQ in the military because each and every one of us has something unique about ourselves that could help in mission support. The Army has now open combat jobs to females. They are allowed to drive tans, fire mortars and lead infantry soldiers into combat. They are now also able to serve as Army Rangers and Green Berets, Navy SEALs, Air Force paratroop jumpers, Marine Corps...
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...1. Define BFOQ and list to which characteristics it applies BFOQ stands for Bona fide occupational qualifications. (BFOQ) are employment qualifications that employers are allowed to consider while making decisions about hiring and retention of employees. The qualification should relate to an essential job duty and is considered necessary for operation of the particular business. A BFOQ exists when a specific characteristic is necessary for the performance of the job. For example, age may be a relevant factor in job performance for police officers, firefighters or stunt workers. 2. What is the purpose of the Glass Ceiling Commission? The purpose of the Glass Ceiling Commission is to take a closer look at the changes impacting US economy and see how they affect the prospects that minorities and women can overcome barriers to entering and advancing beyond entry-level positions in management and the professions. 3. What is the Federal Privacy Act, to whom does it apply, and what does it protect? The Privacy Act of 1974regulates what personal information the Federal Government can collect about private individuals and how that information can be used. Under the Privacy Act you have the right to: • See the information the Government has about you, subject to the Act's exemptions. • Change or delete any information that is incorrect, irrelevant, untimely, or incomplete. • Sue the Government for violations of the Act; including allowing others unauthorized access to your personal...
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...discriminating against him based on his gender. From an ethical standpoint and biblical standpoint this is just wrong. The Bible says, “There is neither Jew nor Greek, there is neither slave nor free, there is neither male nor female; for you are all one in Christ Jesus.” (Galatians 3:28 NKJV). Pan Am had then argued that gender was a bona fide occupational qualification (BFOQ) for flight attendant positions. Pan Am also argued that passengers preferred women as flight attendants and customer preference in this case should also be considered” (Melvin & Katz, 2015, p. 386). The airline used such information as a nondiscriminatory reason for not hiring Mr. Diaz and as a way to provide, in their opinion, a legally recognizable defense. The airline continued to base and defend their decision of not hiring a male flight attendant as a result of employment policy as business necessity. Although the trail court found in favor for Pan Am, the Court of Appeals for the Fifth Circuit reversed the ruling and held in favor of Mr. Diaz. The court ultimately rejected Pan Am’s arguments ruling that EEOC guidelines require that BFOQ defenses based on gender to be interpreted narrowly (Melvin & Katz, 2015, p. 386). The court also ruled that customer preference for a certain gender is not consistent with the EEOC’s guidelines. The airline had...
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...retention (Dreher and DOUGHERTY, 2007).BFOQ are an important concept in human resource management hence relevant to this coursework. Even if when this principal are applied in another setting would be termed as discriminatory and violation of laws pertaining employment The BFOQ assist in setting the standard required to hire employee in a accordance to the organization goals and objectives. The proper implementation of BFOQ help avoid incidences of having incompetent workers in an organization but the failure of not implementing well-defined BFOQs lead to major difficulties for any organization or even discrimination suit against the employer. The principle of BFOQ can be linked to disparate treatment in any organization since it allows an organization to come up with qualification in accordance to its need geared toward the goals and objective of the organization. The BFOQ can become a source of race gender or nationality if applied by employers.an organization may set discriminatory qualification toward a certain group of the employee. For example in a prison setting the administration may recognize that female prisoners prefer only female guards in their cell and this may lead to discrimination during hiring in this organization. BFOQ goes against the goals of ADA(American with Disability act of 1990) which main aim is to protect people with disabilities.as ADA focus on eradicating any form of discrimination against people with disability, BFOQ provides an avenue that organization...
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...disability, veteran status, religion and national origin. The Equal Employment Opportunity Commission enforces equality in the workplace and ensures all ordinances are emphasized and followed to avoid possible discrimination cases. Probable Defense In the case of the woman that applied for the baseball gear job and sued because she did not get the job, was told she did not have a case to stand on, which could come from any probable defense. There is no evidence that proves that the woman was better than any other applicant or if wrongly denied employment in any form. Even if an appeal goes to the EEOC through their exemptions such as BFOQ, there still is not enough information for a case. For instance, the EEOC has a few exemptions under BFOQ. According to "The Bfoq Exception to Discrimination Laws" (1999), “there is no BFOQ for race or color, the BFOQ exception has been narrowly construed. The employer must prove that only individuals of one sex, national origin, religion or age group can perform the duties of the job in a safe and efficient manner and that the essence of the business would be undermined by not hiring exclusively members of a given class, and customer preferences and stereotypic notions concerning the capabilities of persons of a particular sex, religion, national origin or age do not warrant application of this exception.” (para. 4). None of the exceptions are proven to be the reasonable cause of denial and neither...
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...The issue is whether Faith+1 can invoke a successful BFOQ defense. In order for Faith+1 to be success invoking a BFOQ defense, Faith+1 must demonstrate a compelling need to have a discriminatory practice. Vigars, 805 F.Supp. at 808. In Vigars, the employer argued, being pregnant out of wedlock was detrimental to the employer because the plaintiff was a role model to the girls at the school. Id. The court held, the defendant’s role model reasoning wasn’t sufficient enough to invoke a BFOQ defense because the employee’s job must depend upon the discriminatory practice. Id. Faith+1 will argue, Evee being a mentor and a role model to youth volunteers shows a compelling need to discriminate because not being with a new born for the majority...
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...Unit 7 Case Analysis Certain types of employment require specific genders or qualifications from its employees. Although these types of requirements and discretionary procedures are not well favored by all and could be seen as discriminating, certain jobs and job-related situations would make the employers justified in their practices. Under Title VII and other various acts, employers are prohibited from discriminating against employees on the basis of gender. Discrimination in employment based on gender occurs when employers classify jobs as male or female, advertise in help-wanted columns designated male or female, or make separate lists of male and female seniority (Miller & Jentz, 2008, pg. 481). The plaintiff attempting to file suit must prove that gender was a determining factor in the employer’s decision to hire, fire or promote him or her while the employer must prove that the gender of the employee or applicant is essential to the job (Miller & Jentz, 2008, pg. 481). The Equal Pay Act of 1963 was passed to prohibit employers in engaging in gender-based wage discrimination. For this act’s rule to apply, the female and male employees must work at the same establishment doing similar work. This doesn’t mean that the particular jobs have to be identical in nature. The jobs do need to have substantial similarities in the equality of required skill, effort, responsibility, and working conditions for them to qualify. When courts decide if the Equal Pay Act has been violated...
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...businesses because the current business did not cause the current mess. - Congress’s constitutional authority always goes back to the Commerce Clause regulating interstate commerce. - Discrimination is illegal if it is arbitrary and based on a person's race, gender. Remember, that people make reasonable discriminations in all areas of life such as picking mates, hiring employees, etc. - For offensive conduct to be a legal case there must be a pattern of conduct, it must be offensive to a reasonable person in the same situation and it must create a hostile workplace environment - A bona fide occupationa qualitication (BFOQ) is any identifiable characteristic (other than race) reasonably necessary to the successful operation of a business. Two examples: a Catholic school can determine that religion is a BFOQ to teaching and a restaurant can...
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...qwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmrtyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmrtyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmrtyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmrtyuiopasdfghjklzxcvbnmqwer...
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...appellants claimed that they had a BFOQ exception of 703(e) because these minimum height and weight requirements due to the fact that the Alabama prison system with high amounts of violence were typically understaffed, the majority of the prison population was comprised of sex offenders mixed with other types of criminals, and prisoners had much easier access to guards because of the dormitory style of these prisons. Therefore, a woman in who did not meet these requirements who had contact positions in an all-male maximum-security prison would pose a security problem. The District Court ruled in favor of Rawlinson arguing that statistically, when it came to height and weight the statute would exclude over 40% of females and less than 1% of men, claimed the requirements were illegal discrimination based on gender stereotypes, and rejected the appellants’ BFOQ defense. The case was then brought to the Supreme Court on appeal. Justice Stewart wrote for the majority and Justices Rehnquist joined by Chief Justice Burger and Justice Blackmun concurring delivering a 7-2 vote in favor of the appellants. In this case they ruled that the claimed discrimination here was a permissible difference. The Court held in Part II of the opinion that the weight and height requirement were invalidated by Title VII, citing Griggs v. Duke Power Co., 401 U.S. 424 (1971); however, they look at the appellants’ claim that these requirements were job related in their BFOQ and determine that the lower court...
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...Employment Law Assignment 1. Define BFOQ and list to which characteristics it applies BFOQ stands for Bona Fide Occupational Qualification which functions as a defense to a suit for discrimination for employers with regards to religion, national origin, gender, and age. Employers may discriminate for the causes mentioned above if they can establish that a "bona fide occupational qualification" exists. This qualification defense does not apply to race and color. Under the ADEA (Age Discrimination in Employment Act), it is unlawful for an agency to discriminate on the basis of age unless the agency can establish that the age limitation is a “Bona Fide Occupational Qualification” necessary to the performance of the duties of the position. 2. What is the purpose of the Glass Ceiling Commission? The purpose of the glass ceiling commission is to consider how prepared women and minorities are for advancement, what opportunities are available, and what policies businesses follow in making such promotions. The commission also compares businesses that have actively promoted women and minorities to determine their reasons for success. 3. What is the Federal Privacy Act, to whom does it apply, and what does it protect? The Privacy Act of 1974 was enacted to safeguard private information of federal employees from being disclosed by the federal government. Under the act, no information pertaining to an employee may be released before the prior written consent of the employee is...
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...Christina Olivis Week 3 Assignment 1. Define BFOQ and list to which characteristics it applies BFOQ stands for bona fide occupational qualification and is a defense used in discrimination litigation. It applies to discrimination against religion, national origin, gender, and/or age. 2. What is USERRA? How does USERRA protect those on military leave? USERRA stands for uniformed services employment and reemployment rights act. It clarifies the length of time a person in the military can be absent from work and protects their rights in the matter. 3. What are the requirements of an Affirmative Action plan? List the criteria for proof of its "remedial nature." The Affirmative Action Plan has to be just to everyone and follows detailed requirements established by the courts. They have to commit and lead by example. They have to place advertisements drawing in women and minorities. Career counseling geared toward women and minorities and job descriptions should understandable to such parties. Rules and regulations will include these parties as well. 4. Answer Human Resource Dilemma, Ch. 7 #5, p.187 (Emmanuel Abrams) When the EEOC receives a charge of discrimination is when the process begins. An initial review occurs and then an investigation. A letter of determination is issued stating what determination was made. If the EEOC determines there is discrimination present the EEOC can either step in and mediate with the company or if the company is not willing...
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...1. Define BFOQ and list to which characteristics it applies. Bona Fide Occupational Qualification (BFOQ) is a defense that acknowledged discrimination. It allows an employer discriminate for reasons of religion, sex, national origin, age, when this factors can affect the normal operations of a particular business. (Cornell University Law School, 2010) To be able to use BFOQ , the employer needs to prove that the job requires certain type of worker for the success and safety of the business. They need to demonstrate that is necessary to have a specific type of worker with specific characteristic to be able to perform the job in an effective matter. For example Churches have the right to use BFOQ to hire only people with their religion denomination to be able to work there because their believe can affect the way the Church operates. 2. What is the purpose of the Glass Ceiling Commission? Glass Ceiling is the term given to the invisible barriers that prevent women and minority advance or move to a management position in a company (Glass Ceiling Commission-National Archives and Records, 1995). The Civil Rights Act of 1991 created The Glass Ceiling Commission to address the barriers by of studying the manners in which business fills management and decision making positions, the developmental and skill-enhancing practices used to foster the necessary qualification for advancement into such positions, and the compensation programs and reward structures currently utilized...
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...BUS 692 Entire Course Strategies in Human Resource Management http://www.devryguide.com/downloads/bus-692-entire-course-strategies-human-resource-management/ To purchase this tutorial copy and paste link in your browser. BUS 692 Entire Course Strategies in Human Resource Management BUS 692 Week 1 DQ 1 Achieving Organizational Strategy through People Achieving Organizational Strategy through People. A common theme observed in modern organizations today is the poor alignment of business strategy and HRM strategy. Find an article(s) through ProQuest which discusses the benefits of aligning HRM activities with key business initiatives and discuss the challenges and the opportunities of doing so. Present your findings in 200 words or more in your discussion post. Remember to properly cite your sources. BUS 692 Week 1 DQ 2 Expectancy and Equity Theory Expectancy and Equity Theory. Business managers seek higher performing workers to staff positions in organizations. Read pages 33 through 45 of the text and at least one article(s) through ProQuest. Consider organizational strategies and practices in your organization that could be enhanced by the application of these theories and address them in 200 words or more in your discussion post. Remember to properly cite your sources. BUS 692 Week 1 Selection of the firm Selection of the Firm. Determine an organization you will analyze and evaluate over the six weeks of this course. The organization can be one in which you work...
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...Age suits are now the fastest-growing category of discrimination complaints filed with the United States Equal Employment Opportunity Commission. In 1967 when congress passed the Age Discrimination in Employment Act (ADEA), the worry was that older workers were being discriminated against in hiring. One might say that the ADEA might, itself have a disparate impact on the older employees of the age forty and above. Because of the competitive job market, employers are not only looking at the qualifications of an applicant, they also may be looking to see if there is any gray in your hair. Times are changing for the work force above forty that require more specialized skills. Companies are leaning more towards computers, email, and the Internet to be more competitive. In the past it used to be you could not get ahead because of the "glass ceiling", now it is more like the "gray ceiling". The aged work force must take personal responsibility in job hunting, because looks can be an asset or detriment. Experience is no longer a prerequisite for an offer. The U.S. congress passed the ADEA, thinking it was going to protect workers of forty years old and above during the hiring phase. Yet only ten percent of the claims involve the hiring process, the other ninety-percent is wrongful discharge. People are quicker to sue an employer if they were fired rather than during the hiring process. Proving a case for wrongful discharge would be much easier than trying to read someone's state of...
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