A bona fide occupational qualification (BFOQ) permits employers to use religion, age, sex, or national origin as a factor in their employment practices when it is reasonable necessary to the normal operation of that particular business under its business model (as long as it is legal). Think of the food-chain Hooters not having to hire male wait-staff or of a church or synagogue or mosque being able to hire only practitioners of its particular religious beliefs into key positions. A business necessity, on the other hand, comes into play when an employer has a job specification that is neutral (meaning it does not call for one particular sex as a requirement) but excludes members of one sex at a higher rate than members of the other. Think of a job with the requirement to lift heavy weights repeatedly throughout the work day and how it would likely exclude women at a higher rate or how nursing has traditionally attracted more female practitioners than males to the profession (for whatever reason) which tends to skew employment ratios between males and females in that profession. Both of these exceptions are considered legal if proven valid and necessary by the employer for the given situation. Discuss BFOQs and/or business necessity. Do you think these situationally-dependent exceptions are fair? Why or why not? Are there any other workplace examples you have either seen personally or read about that would fall into these categories?
A bona fide occupational qualification (BFOQ) permits employers to use religion, age, sex, or national origin as a factor in their employment practices when it is reasonable necessary to the normal operation of that particular business under its business model (as long as it is legal). Think of the food-chain Hooters not having to hire male wait-staff or of a church or synagogue or mosque being able to hire only practitioners of its particular religious beliefs into key positions.
A business necessity, on the other hand, comes into play when an employer has a job specification that is neutral (meaning it does not call for one particular sex as a requirement) but excludes members of one sex at a higher rate than members of the other. Think of a job with the requirement to lift heavy weights repeatedly throughout the work day and how it would likely exclude women at a higher rate or how nursing has traditionally attracted more female practitioners than males to the profession (for whatever reason) which tends to skew employment ratios between males and females in that profession.
Both of these exceptions are considered legal if proven valid and necessary by the employer for the given situation.
Discuss BFOQs and/or business necessity. Do you think these situationally-dependent exceptions are fair? Why or why not? Are there any other workplace examples you have either seen personally or read about that would fall into these categories?
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