What are the 2 criteria that must be considered in determining whether or not an employer can use a BFOQ defense?
-The essence of the business operation would be undermined by not hiring members of one protected class
-There is a factual basis for believing that all, or substantially all, members of the protected class in question cannot perform the principle duties of the job
Learn More :
Civil Rights
- Why are legitimate nondiscriminatory reasons and BFOQs not the same thing?
- Why is job analysis important for managers in disparate treatment cases? How are they used by HR professionals?
- How can an employer be innocent of unlawful discrimination and still violate Title VII's prohibition on retaliation?
- What are the additional remedies authorized under the Civil Rights Act of 1991? Can these remedies also be imposed in situations involving disparate impact?
- What are the legal proofs required to establish a prima facie case for disparate treatment under Title VII?
- What must an employer prove to rebut the complaining party's prima facie case of disparate treatment?
- How can a complaining party show that an employer's legitimate nondiscriminatory reasons are pretextual?
- Under what circumstances can Title VII be extraterritorially applied?
- What statute created extraterritorial application?
- What are the traditional remedies under Disparate Treatment?
- What is extraterritorial application?