Why are legitimate nondiscriminatory reasons and BFOQs not the same thing?
BFOQ only applies to protected classes of sex, religion, and national origin.
BFOQ is also more rare & difficult to establish.
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Civil Rights
- 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 2 criteria that must be considered in determining whether or not an employer can use a BFOQ defense?
- What are the traditional remedies under Disparate Treatment?
- What is extraterritorial application?