Research examples of situations where employers have claimed a bona fide occupational qualification. Describe the example. In your example, what justification was provided by the Court in upholding (or denying) a claim for bona fide occupational qualification?
An example of BFOQ is the case of Phillips v. Martin Marietta Corp., (1971). This was a case that set the stage against sex discrimination during periods of employment. The courts' decision was to deny this justification (of the bona fide occupational qualification). Another great example of BFOQ is exempting women from serving within certain combat occupations in the armed forces. The Marine Corps concluded a year-long study that does not favor allowing women to join ground combat units (Bowman, 2015). Despite the results of the study and due to public pressure, the armed services have allowed women to join these units at a limited basis. The catch is that they must perform at or better than their male counterparts. While some women have made it through the basic standards, there are still too few of them to determine if it will impact unit effectiveness (Baldor, 2018).
What ethical issues might surround the assertion of a bona fide occupational qualification by an employer?
The employer may deem it necessary to set discriminative terms in order to target a specific group(s). The terms may not be justifiable enough, knowing certain jobs do not require specific skill sets or knowledge to warrant a BFOQ.
Do you believe that the concept of bona fide occupational qualification constitutes legal discrimination in the workplace? Why or why not?
Yes. I believe that it constitutes legal discrimination in the workplace. For example, a Jewish synagogue may restrict hiring of rabbis to Jewish people only, and a Catholic church can restrict hiring priests to Catholic men only. However, if a defendant wants to discriminate against someone illegally in the workplace, it is very unusual for it to say so explicitly since under the at-will doctrine, it is easy for an employer to find a lawful reason to discriminate.
References:
Baldor, L. C. (2018, September 26). Mattis: Jury is out on women succeeding in combat jobs.
Bowman, T. (2015, September 10). Marine Corps Releases Results Of Study On Women In Combat Units.
bona fide occupational qualification (BFOQ). (2019).
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research examples of situations where employers have claimed a bona fide occupational qualification. Describe the example....
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...
Case 10.4 Gena Duckworth v. St. Louis Metropolitan Police Department 2007 U.S. App. LEXIS 17137 (8th Cir.) The issue in the case that follows is whether assigning female police officers to the nightwatch is a bona fide occupational qualification. BENTON, CIRCUIT JUDGE. Three female officers sued their superiors for gender discrimination under Title VII of the Civil Rights Act of 1964 and the Missouri Human Rights Act. The district court denied the defense of qualified immunity to the police superiors....