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    BFOQ and Protected Classes

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    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.

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    Solution Preview

    In this posting, there is a necessity for you to define BPOQ and differentiate disparate impact from desperate treatment.

    Items 1 to 8 were treated in the light of these three concepts.

    BFOQ is defined as "Employment qualities or attributes of a prospective or current employee that an employer is allowed to consider under law for the purpose of hiring or retention. The qualifications may include gender, age and national origin, if those characteristics are considered essential to the job requirements. In order to prove that the qualifications are necessary, the company must show that they are critical to the success of the activities to be carried out by that individual. Also called bonafide occupational requirements (WebFinance, 2013).

    Disparate Impact is a theory of liability that prohibits an employer from using a facially neutral employment practice that has an unjustified adverse impact on members of a protected class. A facially neutral employment practice is one that does not appear to be discriminatory on its face; rather it is one that is discriminatory in its application or effect (Farlex, 2013).

    On the other hand, disparate treatment occurs when there is intentional discriminatory dealing with individuals who have a disability or belonging to a particular group based on their age, ethnicity, race, or sex (WebFinance, 2013).

    Disparate treatment is defined by the United States Supreme Court as discrimination in which the employer simply treats some people less favorably than others because of their race, color, religion, sex, or national origin (The Wage Project, n.d.)."

    It takes place ...

    Solution Summary

    (BFOQ) or Bonafide Occupational Qualification is a legal defense that allows a groups of persons to be considered for employment due to possession of qualities needed in the job. The eight (8) statements in this solution were analyzed in the light of disparate impact and desperate treatment concepts. It investigates whether these are Bonafide Occupational Qualification or simply discrimination.