Explore BrainMass

Bona Fide Occupational Qualifications: Exception to Title VII

This content was STOLEN from BrainMass.com - View the original, and get the already-completed solution here!

Please reply to the following in 1 or 2 paragraphs:

I believe that the Bona Fide Occupational Qualification is necessary. There are exceptions to every rule, and this provides an exception to Title VII of the 1964 Civil Rights Act. "Title VII states that an employer cannot discriminate based on race, color, religion, sex, or national origin (Dessler, 2013). In other words, while it is illegal to only hire women to work at Hooters, it is perfectly legal to only hire females to model a new line of women's fashions. "Bona fide occupational qualifications generally only apply to instances in which the BFOQ is considered reasonably necessary to the normal operation of a particular business" (Bona fide occupational qualifications, 2014). Men modeling Victoria's Secret's newest undergarment collection isn't relatable to the company's target market of women, and therefore isn't going to drive sales.

Bona fide occupational qualifications. (2014). Retrieved from Wikipedia: http://en.wikipedia.org/wiki/Bona_fide_occupational_qualifications

Dessler, G. (2013). Managing Human Resources. (13th ed). Upper Saddle River: Prentice Hall.

© BrainMass Inc. brainmass.com October 25, 2018, 9:52 am ad1c9bdddf

Solution Preview

The Bona Fide Occupational Qualification (BFOQ) doctrine is necessary to balance operational functionality with avoidance of discrimination. For example, the presence of a disability qualifies a job candidate or employee to be in a Federal protected class in regards to employment practices. Employers are bound by law to provide "reasonable accommodation" to job candidates or employees via modification of an employment testing process and/or how a job function is performed (Equal Employment ...

Solution Summary

This solution is about 300 words and includes a reference; thoroughly discussing why a Bona Fide Occupational Qualification (BFOQ) doctrine is needed, when it essentially appears to provide a venue for violation of Title VII. By utilizing examples, the solution explains why an organization must "discriminate" against a protected class due to certain "qualifications" of other groups. For example, it is acceptable for a drug company to seek out female study patients only to test an investigational drug for ovary cancer. Although it is illegal to discriminate based on sex, men do not possess the required "qualifications" (ovaries) to perform in the job.

See Also This Related BrainMass Solution

bona fide occupational qualifications

Research the term BFOQ in your text and at least one article found through ProQuest. Explain its importance and relevance to our discussion in this course. How might not appropriately incorporating well defined BFOQs lead to difficulties for the organization? How would the concept of BFOQ be linked to "disparate treatment" and/or "disparate impact" in respect to staffing? What is the link between the ADA (1990) and BFOQs? Present your views in 200 words or more in your discussion post. Respond to at least two of your classmates' postings. Remember to properly cite your sources.

Foreign Restrictions on Termination

Search your text and at least one article found through ProQuest on the topic of restrictions on termination of employment in European countries. Assess the different requirements and consider risks, operational requirements for MNCs, modified HRM policies, and any other conditions or restrictions facing a firm operating in such environments. Present your views in 200 words or more in your discussion post. Respond to at least two of your classmates' postings. Remember to properly cite your sources.

View Full Posting Details