Ad
related to: bona fide occupational qualification defense
Search results
Results from the WOW.Com Content Network
In employment law, a bona fide occupational qualification (BFOQ) (US), bona fide occupational requirement (BFOR) (Canada), or genuine occupational qualification (GOQ) (UK) is a quality or an attribute that employers are allowed to consider when making decisions on the hiring and retention of employees—a quality that when considered in other contexts would constitute discrimination in ...
Rawlinson, 433 U.S. 321 (1977), was the first United States Supreme Court case in which the bona fide occupational qualifications (BFOQ) defense was used. Background [ edit ]
Wilson v. Southwest Airlines Co., 517 F. Supp. 292 (N.D. Tex. 1981), is a US employment discrimination law case concerning bona fide occupational qualifications. Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employment discrimination based on race, color, religion, sex, or national origin. [1]
Western Air Lines required flight engineers to retire at age 60. Plaintiffs were forced to retire at 60 and brought suit at the Federal District Court. Defendant argued that the age requirement was a bona fide occupational qualification that was reasonably necessary for the airline's safe operations.
Employers are generally allowed to consider characteristics that would otherwise be discriminatory if they are bona fide occupational qualifications (BFOQ). The most common BFOQ is sex, and the second most common BFOQ is age. Bona Fide Occupational Qualifications cannot be used for discrimination on the basis of race.
Facially discriminatory policies are only permissible if gender, national origin, or religion is a bona fide occupational qualification for the position in question. Race or color may never be a bona fide occupational qualification. He may offer any of three types of circumstantial evidence:
Dothard v. Rawlinson is the first Supreme Court case in which the bona fide occupational qualifications (BFOQ) defense was used. The court held that under Title VII of the Civil Rights Act of 1964, an employer may not, in the absence of business necessity, set height and weight restrictions which have a disproportionately adverse effect on one ...
An age limit may be legally specified in the circumstance, where age has been shown to be a "bona fide occupational qualification [BFOQ], reasonably necessary to the normal operation of the particular business" (see 29 U.S.C. § 623(f)(1)). In practice, BFOQs for age are limited to the obvious (hiring a young actor to play a young character in ...
Ad
related to: bona fide occupational qualification defense