Question

You have just been promoted to the human resources department of a Fortune 500 company. Your Director calls you into a meeting and explains that in hiring a prospective employee, there are legitimate reasons for not hiring someone. For example, the prospective employee may not fill legal requirements (e.g., he or she is a minor and cannot complete the tasks of the job based on the young age) or positional requirements (e.g., 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, which cannot be discriminated against. Title VII provides five protected classes, which 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. Important, though, is that race and color (two of the five protected classes under Title VII) are not on the list of permissible BFOQs.

Your director asks you to draft a memo with the following information:

1. Research the internet for 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.
2. Compare and contrast the applicable law BFOQ to the case study you identified.
3. 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.
4. Apply facts from the researched situation to the applicable law, doctrine, or cause of action researched.

Then, address the following:

• Analyze Title VII and determine if it should apply to every company, regardless of number of employees.
• Analyze Title VII/BFOQ requirements and determine if race and color should be permissible BFOQ or whether the BFOQ exceptions to employment discrimination be removed completely.

In answering this question, 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.

Answer 1

1. Research the internet for 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.

The case is of Wilson v. Southwest Airlines Co.

The case is about permissible BFOQ. The question was of gender discrimination in employment for the position of air hostess / stewards and ticket agents. The males who applied for the job filed the case against the airline. Gregory Wilson represented on behalf of all of them. He contested that the airlines has transgressed Title VII of the amended volume 42 U.S.C. Civil Rights Act, 1964. They also stated that airlines job specifications related to physique requirements was at disadvantage to males over female candidates.

The airlines stated that it did it on intention. It accepted all allegations. The lawyers of airlines argued that there are exceptions to BFOQ for Title VII related to gender discrimination in its Volume 42 U.S.C. section 703(e). Thus its recruitment and selection is permissible. The position is to attract customers through female appeal

BFOQ permits discrimination when the employer satisfies that this discriminated female hiring is reasonable for running a specific business. The attractive female employees enhance personality of brand and help airlines to stick to its commitment with passengers for flying them in sky with tenderness and "love." It also affects their bottom line.

2. Compare and contrast the applicable law BFOQ to the case study you identified.

Civil Rights Act, 1964 703 (a) Volume 42 U.S.C. section 2000e-2(e) says

Bona Fide Occupational Qualification law: No employer will “fail or refuse to hire...” “….any individual with respect to”….. “terms, conditions….”, “of employment because of such individuals race, color, religion, sex, or national origin”.

In spite of above clauses, Civil Rights Act, 1964 703 (e) Volume 42 U.S.C. section 2000e-2(e) says and this applies to the case.

It is not illegal if employers hire people on sex basis where it is “bona fide occupational qualification” justified for carrying its reasonable business operation.