Discrimination based on BFOQ & Business Necessity

 

 

 

Please watch this video: https://www.youtube.com/watch?v=LEb7tUySdkY

BFOQ’s and “business necessity” sometimes serve as exceptions to the rule that you cannot discriminate in employment decisions.
1. Briefly discuss the difference between BFOQ and Business Necessity defenses.
2. Locate one real life case from a court or other tribunal where a BFOQ argument carried the day–or did not. Summarize the case. Do you agree or not with the decision? Why or why not?
3. Locate one real life case where the argument “business necessity” carried the day – or did not. Summarize the case. Do you agree or not with the decision? Why or why not?
Here are some references for you to consider:
1. Definition of BFOQ from https://www.law.cornell.edu/wex/bona_fide_occupational_qualification_(bfoq)
2. https://scholarship.law.edu/cgi/viewcontent.cgi?article=2259&context=lawreview
3. http://www.nolo.com/legal-encyclopedia/fighting-race-national-origin-discrimination-29672.html
4. http://www.nolo.com/legal-encyclopedia/reasonable-accommodation-religious-beliefs.html

 

 

 

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