Look at Leonel v American Airlines, 400 F, 3d 702 (9TH Cir. 2005). Read the story of the flight attendants whose conditional job offer was rescinded for failure to disclose HIV-positive status on the medical questionnaire. What do you think the court should decide and why? Look up the case on the Internet. What did the court decide, and why?© BrainMass Inc. brainmass.com October 25, 2018, 8:38 am ad1c9bdddf
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There are several compounding issues in this case. The applicants were HIV positive and were aware of their HIV status before applying with American Airlines. American Airlines informed the applicants that there was an offer of employment, conditional upon passing the medical examination and background checks. Whenever any employer extends an offer conditional upon a medical check, there is a chance of liability issues. The issue is that the employer then basically presents itself as knowingly being able to withdraw the employment offer based upon unfavorable medical examination results, as what happened in this case. The laws protect various classes of individuals from discrimination. This includes people with a positive HIV-status. One of the main points that need to be discussed along with ...
This solution discusses the Leonel v American Airlines, 400 F, 3d 702 (9TH Cir. 2005) case in detail. All main legal elements are discussed, and the appropriate federal laws are cited. The case conclusion is also thoroughly examined.
BFOQ and protected classes
Utilize this as a practical discussion of the concept of BFOQ.
1) does it discriminate against a protected class
2) which protected class(es)
3) what type of discrimination (disparate impact or disparate treatment)
4) is the requirement a BFOQ
1) Experienced firefighters needed. Must be able to lift and carry 80 pounds. (Example: 1) Discriminates, 2) probably gender and disability, 3) disparate impact, 4) probably a BFOQ because of the need to carry someone out of a burning building)
2) Immediate opening for attractive female receptionist with experience handling multi-line phone system
3) Defense contractor seeking qualified engineers. Must be a U.S. citizen.
4) Apprentice electrician needed. Must be under age 25. Will train.
5) Catholic High School needs Catholic math teacher to teach algebra, geometry, and trigonometry. Master's degree preferred
6) Flight attendants needed for overseas routes. Must meet height and weight restrictions
7) Now hiring experienced manufacturing assemblers for second shift. High school diploma required.
8) City theater production company needs men to star in Laurel and Hardy comedy. Some acting experience preferred.