The Importance Of BFOQ

However, there are some situations when being a certain race can be seen as a genuine occupation qualification. However, it is sometimes the case that a business or an organisation has the need to take positive action in order to encourage people and potential candidates from different ethnic groups to apply for the job role or job vacancy that is being offered. This may be because they are underrepresented within the organisation or a certain job level, this is commonly most seen within the police force. Their recruitment campaigns try to match the background of culture with their local populations within towns and nearby cities.

In applying for the role of Ariel, a potential employee is seeking to fulfill the image set forth by an animated film. As a result, very strict guidelines set the appearance of said character. Some of these guidelines, which are technically discriminatory methods of hiring are protected as Bona Fide Occupational Qualifications (BFOQ) under Title VII of the Civil Rights Act of 1964 (Manley, 2009). Identifying a quality as a BFOQ for employment entails identifying credentials that fall under protected classes as laid out by the Civil Rights Act of 1964. These protected classes are as follows: gender, age, disability, familial status, national origin, or skin color. The role of Ariel centers on the BFOQs of gender, skin color, familial status, and disability.

If two equally qualified people apply for the same vacant position at an organization, and the employer uses age, race, color, disability status, religion,

discrimination based on race, color, religion, sex, or national origin. So, employment discrimination includes age discrimination, sex discrimination, religious discrimination, racial discrimination and more.

Employers that base employment decisions, including hiring and promotion, on protected class characteristics are engaging in disparate treatment. When they do so overtly and argue that it is necessary to limit a particular type of employment to people with specific protected class characteristics, this type of disparate treatment is termed a facially discriminator policy or practice. An important, but limited, defense is available to employers that adopt facially discriminatory requirement is legal. If an employer can show that a particular protected class characteristic is a bona fide occupational qualification (BFOQ) for the job in question, the facially discriminatory requirement is legal. According to the Title VII of the Civil Right Act,

We all ought to be for the 2nd degree standard of affirmative action as the hiring process stays objective in this degree. Taking a second look over a resume or looking past the front page of a minority resume does not directly guarantee a job for them, but just gives them a higher chance to be noticed. However, when bumping up to the 3rd degree standard of affirmative action, the hiring process turns subjective. Hiring a person just because of their race or gender disregards any qualifications needed for the positions work. A

The Civil Rights act of 1964 along with Title VII gives employees the option to sue business owners based on color, race, sexual orientation, and religion. This act, rules on the fact, that individuals can take action if a discrimination or harassment issues happens at the employer’s workplace. It expands Civil Rights statues to provide more protection against people who are victimized due to discrimination. It sets the guidelines for job related issues due to disparate impact or treatment issues. However, this act does not assure that everyone who faces discrimination will be employed because frankly he is a minority. If it is felt that there is a possibility of

The Bona Fide Occupational Qualification (BFOQ) is contained in Title VII of the Civil Rights Act of 1964. Under this title, employment in particular jobs may not be limited to individuals of a particular sex, religion, or national origin unless the employer can show that one of these factors is an actual and necessary qualification for performing the job. BFOQ is usually decided on a case-by-case basis. Race is never a BFOQ. When BFOQ is used as a defense, the employer admits sex discrimination but under the terms of the statute it is justified (Sovereign, p.91). The Supreme Court has determined that the BFOQ exception is intended as a narrow exception to the prohibition of sex-based discrimination (Hawke, p.58).

Discrimination is also evident in employment. In the year 2000, students from the universities of Chicago and Washington teamed up to conduct a survey. They paired up a black man with a white man who were identical in almost every way, i.e.

Although I agree with BFOQ requirement on certain religion, sex, and nation of origin to defend the right of others in the work place; employers do not hold up the law. They could make the preference without even say it. Without this law and regulation in place it would have been worse than it is actually are right now. We see many employees find back channel to do things their way. Just has you said individual over the age of 50 shall not be hired as police officer although I understand why this might be but this rule should not even be

Employment discrimination is probably the most quantifiable form of racism. Numerous Canadian studies show that although visible minorities as a whole have the highest level of educational attainment and relatively high occupational status compared to White Canadians, they have lower incomes, even controlling for all other factors.

There are three applicants for the job offering. One applicant is a white male age 35 who has six years of on the job experience. The other three are an Asian female, black male, and white female. Two of these minority applicants have no practical experience and the other only a few years. In order for the company to meet the quota, the company must automatically reject the white male and only look at the other three applicants. The company now is no longer looking for good experienced employees; instead, they are trying to appear fair. This so called ?equal opportunity? is not what it says. This means that they provide ?equal opportunity for minorities.? They are now discriminating against majorities, which goes against the original initiative for civil rights.

In this case discrimination has a effect of the labor force and depending on the color of one's skin, which can create problems as Friedman points out. As a result there is a long history of discrimination in the workplace. The problem is that the employer was not given a choice with whom they hired. Friedman's main point is that people must have a choice in who they hire for the better of the business. What this case is more of an attempt of integration, this decision not only upsets the consumers but you make the employee a victim. Another example of this happens shortly after the repeal of Jim Crow laws, and new laws promoting integration had a negative effect. When African Americans got placed into predominantly Caucasian school, the rest of the students refused to attend school. They were so set in their beliefs that it turned out to be more of a problem and the African American children ended up suffering the most because of it. It is admirable by the government to attempt to promote integration, however it can lead to more problems as a result as Friedman points

A company must administer Equal Employment Opportunities (EEO) to those who apply, which means in no way should an employer base a candidates skill on their ethnic background, religion, sex, national origin, disability, or age. During the recruitment process, affirmative action policies make it a requirement that employers show initiative in hiring a diverse pool of applicants to fill positions available. We have a diverse pool of applicants that come and apply with my company. Most of the applicants will get hired regardless of their race, nationality or age, the best factor that prohibits one from getting hired on is language barrier.

Discrimination comes in many forms. Discrimination and diversity are closely linked considering the reasons behind discrimination are what makes up the definition of diversity. Not only is discrimination made against gender, race, and religion, but it is also made of age, disabilities, appearance and in a lot of cases, women who are pregnant too. This is very much a reality for many employers. There are laws protecting acts of discrimination. This topic is so sensitive, that many employers implement diversity and discrimination into their mission statements. Many companies make it their practice to host training sessions to prevent discrimination from happening, then there are many companies who can’t afford such training for their