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A BFOQ can legally justify discrimination if it is directly related to the realization of the business's function, supported by reliable evidence, validated through widely accepted research consensus, and if proving that a prospective hire is an exception to the recognized consensus would cause undue hardship for the employer. [1]
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]
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. The only exception to this rule is demonstrated in a single case, Wittmer v. Peters, where the court rules that law enforcement surveillance can match races when necessary.
The Age Discrimination in Employment Act of 1967 prohibits mandatory retirement prior to age 70, but section 4(f)(1) provides an exception: "where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business." [2] [3] [4]
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 ...
The tug of war between BlackRock and FDIC is the latest example of rising D.C. scrutiny of BlackRock, which oversees $11 trillion in assets. For years, the financial giant has been a target of GOP ...
Still, some of the stuff customers spend money on at restaurants land in "ripoff" territory, and on a Reddit thread discussing the best examples of such things, chefs sounded off with their own ...
For example, Georgia and Ohio State also each self-reported four minor violations in their football programs during various periods in 2023-24. What exactly happened in the Julian Lewis case ...