MEDINA
1. When can an employee’s religious belief qualify as a bona fide occupational qualification? In order to use the BFOQ exception, an employer must prove that no member of the group you are discriminating against could perform the job. Using the religious example, a Lutheran church would argue that only a Lutheran could effectively practice and preach the tenants of their religion and a Catholic would be unable to perform the job due to his or her beliefs.
Courts are very careful to only allow very narrow exceptions to the general prohibition of discrimination against a protected status, and in the case of race there is no exception in case law. The most common exceptions are generally crafted for religion and gender. As an employer, you have to be exceptionally careful, because what may make perfect business sense to you won't be successful in court.
2. Answer Human Resource Dilemma, Ch 14, #1, p. 355. (Milton, Madden & Herman) )
Do you agree that religious hiring is a BFOQ? Yes because in order to establish the defense of bona fide occupational qualification, an employer must prove the requirement is necessary to the success of the business and that a definable group or class of employees would be unable to perform the job safely and efficiently. An employer should demonstrate a necessity for a certain type of workers because all others do not have certain characteristics necessary for employment success. However the employer's motivation for excluding the protected class is not significant in evaluating the BFOQ defense. The inquiry focuses on the necessity of using an expressly forbidden classification.
3. Answer Human Recourse Dilemma, Ch 15, #3, p. 374. (Johnny Carlton)
Yes Carlton is covered denying a position solely because he or she is from Spain, Puerto Rico, Mexico, or elsewhere in Latin America is in violation of Title VII’s prohibition against national origin discrimination. Individuals are protected from discrimination based on national origin under
Courts are very careful to only allow very narrow exceptions to the general prohibition of discrimination against a protected status, and in the case of race there is no exception in case law. The most common exceptions are generally crafted for religion and gender. As an employer, you have to be exceptionally careful, because what may make perfect business sense to you won't be successful in court.
2. Answer Human Resource Dilemma, Ch 14, #1, p. 355. (Milton, Madden & Herman) )
Do you agree that religious hiring is a BFOQ? Yes because in order to establish the defense of bona fide occupational qualification, an employer must prove the requirement is necessary to the success of the business and that a definable group or class of employees would be unable to perform the job safely and efficiently. An employer should demonstrate a necessity for a certain type of workers because all others do not have certain characteristics necessary for employment success. However the employer's motivation for excluding the protected class is not significant in evaluating the BFOQ defense. The inquiry focuses on the necessity of using an expressly forbidden classification.
3. Answer Human Recourse Dilemma, Ch 15, #3, p. 374. (Johnny Carlton)
Yes Carlton is covered denying a position solely because he or she is from Spain, Puerto Rico, Mexico, or elsewhere in Latin America is in violation of Title VII’s prohibition against national origin discrimination. Individuals are protected from discrimination based on national origin under