Bona Fide Occupationee Discrimination Case Analysis

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Employment Discrimination and Bona Fide Occupational Qualification Employment discrimination laws have been in place for many years. The original reasoning for creation of such laws, was to provide protection to employees, against possible unreasonable discrimination by their employers. There are many cases in which organizations have utilized the Bona Fide Occupational Qualification clause in defending their reasoning for intentional employee discrimination. An example of one of these cases would be the Borgata Babes v. Borgata Hotel, Casino, and Spa, in 2013.
Borgata Babes Case In 2013, twenty two former female employee 's of Atlantic City 's Borgata Hotel, Casino & Spa, known as the Borgata Babes, initiated an employment discrimination
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Kennedy, and carried out by President Lyndon B. Johnson, eliminates job discrimination of race, color, religion, sex, and national origin. Meaning that it is illegal for any employer to discriminate against an employee for any of these reasons. However, this law does have a support law, Bona Fide Occupational Qualification. The BFOQ allows for employment discrimination of religion, sex, and national origin, if it effects regular business operations (Lau & Johnson, 2014). As an example, a all male prison may only hire male guards. This would fall under a BFOQ, because the discrimination against hiring female guards is within reason (Runkel, 2015). BFOQ does not allow for discrimination of race or color in any situation. According to Congress when passing this law, it was determined that there is no type of employment where color or race are considered bona fide (Lau & Johnson, …show more content…
Without employment discrimination laws, it would be possible for employers to not hire, or possible even fire employees based on qualities not associated with the job or their overall employment, such as color of skin, or religious preferences. There also could arise many ethical issues within businesses and employment if these laws weren 't in place. As an example, if there were no discrimination laws businesses could turn away potentially successful employees based merely off of their opinions on certain qualities, or their clients racial, gender, etc. preferences. This would not only be discriminatory, but could cause a huge ethical dilemma for businesses, and their success in the current market. Title VII assists in keeping ethical control over employers by not allowing them to discriminate for no probable

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