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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 ...
Case history; Prior: 798 F. Supp. 2d 1272 (N.D. Okla. 2011); reversed, 731 F.3d 1106 (10th Cir. 2013); cert. granted, 135 S. Ct. 44 (2014).: Holding; To prevail in a Title VII disparate-treatment claim, an applicant need show only that their need for an accommodation was a motivating factor in the employer's decision, not that the employer had knowledge of their need.
Employers and managers are often concerned about the potential cost associated with providing accommodations to employees with disabilities. [2] However, many accommodations, such as moving an employee to a different desk or changing the work schedule, do not have any direct cash costs (56% in a survey of employers conducted by JAN [3]), and most others have only one-time costs (e.g., to buy a ...
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U.S. employers' obligation to accommodate workers' pregnancies also extends to abortions and the use of contraception, the U.S. agency that enforces workplace discrimination laws said on Monday ...
With states reopening – or planning to reopen – in the coming weeks and months, you may be worried about what returning to work will mean for you and your family, particularly if it means ...
Prior, Trans World Airlines, Inc. v. Hardison (1977) had established that an employer could deny an employee religious exemptions from work if they could show "undue hardship" in making the accommodation, a vague phrase at the center of Groff. The case was decided unanimously for Groff by the Court.
Often, employers will use BFOQ as a defense to a Disparate Treatment theory employment discrimination. BFOQ cannot be a cost justification in wage gaps between different groups of employees. [96] Cost can be considered when an employer must balance privacy and safety concerns with the number of positions that an employer are trying to fill. [96]
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