Discrimination And The Bona Fide Occupation Qualification Essay

788 Words Oct 16th, 2015 4 Pages
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 Act of 1967 (Lau & Johnson, 2014). Although Title VII only applies to employers who have more than 15 employees, there can be cases of discrimination involving companies of less than fifteen employees. The bona fide occupational qualification provides equal opportunity for both employees and employers. Both of these exemptions are frequently used in case arguments and sometimes the discrimination of a protected class is justified. The Title VII exemption for small businesses who employ less than 15 employees does not have a very clear purpose. According to Carlson (2012) the purpose is to protect the small business disadvantage and compliance burden. Perhaps this exemption is designed for small family owned businesses whose…

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