Bona Fide Discrimination Case Study

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Discrimination and the Bona Fide Occupation Qualification Title VII of the Civil Rights Act of 1964, prevents employment discrimination based on race, color, religion, sex, or national origin (Lau & Johnson, 2014). Title VII only applies to employers who have more than 15 employees (Lau & Johnson, 2014). However, when employers have a bona fide occupational qualification or reason to discriminate based on a necessity for "normal business operations," they may be allowed to discriminate against an individual within a protected class (Lau & Johnson, 2014, p. 258). It is important to know BFOQ does not apply to race or color. However, it does apply to aged based on the age, a protected class defined under the Age Discrimination in Employment …show more content…
Examples include religious discrimination for the purpose of hiring appropriate clerics based on a specific religion, sex discrimination for the purpose of hiring women 's swimsuit models, and national origin discrimination when movie makers are casting specific roles (Lau & Johnson, 2014). In the case of Equal Employment Opportunity Commission (EEOC) v. Exxon Mobil Corporation, the EEOC filed a lawsuit claiming Exxon Mobil was in violation of the Age Discrimination and Employment Act (ADEA) by forcing it pilots to retire at the age of 60 (Ebstein, 2014). Exxon Mobil Corporation 's defense claim was the bona fide occupational qualification. Although Exxon Mobil was following the same standards set forth by the FAA for commercial airlines carrying passengers, the EEOC claimed these standards were not applicable for Exxon Mobil 's private business (Ebstein, 2014). Exxon Mobil fought the claim by proving the FAA rules were applicable and not only based on carrying passengers, but also applicable to cargo carriers and smaller aircraft (Ebstein, 2014). In this case Exxon Mobil presented evidence on the physical and psychological changes which occur after the age of 60, which decrease a pilot 's abilities and increase a pilot 's risk (Ebstein, 2014). The age restriction to ensure a pilot can safely perform required duties was recognized by the U.S. District Court as a bona fide occupational qualification. In addition to age, there are also bona fide occupation qualification cases based on religion, sex, and national origin which some are justified and some are not. However, the bona fide occupational qualification it does not apply to color and

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