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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 ...
[2] Where a disparate impact is shown, the plaintiff can prevail without the necessity of showing intentional discrimination unless the defendant employer demonstrates that the practice or policy in question has a demonstrable relationship to the requirements of the job in question. [3] This is the "business necessity" defense. [1]
The term "business necessity" does not actually appear in the 1964 Act, [2] but the codification of the doctrine is stated to be one of the purposes of the Civil Rights Act of 1991: (2) to codify the concepts of "business necessity" and "job related" enunciated by the Supreme Court in Griggs v.
Business necessity and obviousness could be alternatives, although it would be a rare case where only one of those two requirements would be satisfied. Lord Neuberger thought "to speak of construing the contract as a whole, including the implied terms, is not helpful, not least because it begs the question as to what construction actually means ...
Griggs v. Duke Power Co. also held that the employer had the burden of producing and proving the business necessity of a test. However, in Wards Cove Packing Co. v. Atonio (1989), [8] the Court reduced the employer's (Wards Cove Packing Company) burden to producing only evidence of business
Supreme Court allows small business registration rule to take effect, aimed at money laundering Updated January 23, 2025 at 1:23 PM FILE - The Supreme Court at sunset in Washington, Feb. 13, 2016.
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]
NEW DELHI (Reuters) -OpenAI faces an uphill climb as it argues that Indian courts cannot hear lawsuits about its U.S.-based business in the country, where Telegram has failed with similar defences ...