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In its current form (as of 2013), 42 U.S.C. 2000e(j) forbids discrimination on the basis of religion, including "all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business."
In contract law, a non-compete clause (often NCC), restrictive covenant, or covenant not to compete (CNC), is a clause under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer).
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]
An accommodation provides the same educational work, but in a way that accommodates their disabilities. For example, a student with limited vision may be given a large-print book. [14] This student reads the same work of literature as everyone else in the class, but the student is able to see the words on the page because of the larger type.
Phillips v. Martin Marietta Corp., 400 U.S. 542 (1971), was a United States Supreme Court landmark case in which the Court held that under Title VII of the Civil Rights Act of 1964, an employer may not, in the absence of business necessity, refuse to hire women with pre-school-age children while hiring men with such children.
New Hampshire adopted a right-to-work bill in 1947, but it was repealed in 1949 by the state legislature and governor. [72] In 2017, a proposed right to work bill was defeated in the New Hampshire House of Representatives 200–177. [73] In 2021, the same bill was reintroduced but again defeated in the House of Representatives 199–175. [74]
Common law agency tests of who is an "employee" take account of an employer's control, if the employee is in a distinct business, degree of direction, skill, who supplies tools, length of employment, method of payment, the regular business of the employer, what the parties believe, and whether the employer has a business. [67]
However, some of these barriers are non-discriminatory. Work and family conflicts is an example of why there are fewer females in the top corporate positions. [2] Yet, both the pipeline and work-family conflict together cannot explain the very low representation of women in the corporations. Discrimination and subtle barriers still count as a ...