MEDINA Essay

819 Words Jan 29th, 2015 4 Pages
1. When can an employee’s religious belief qualify as a bona fide occupational qualification? In order to use the BFOQ exception, an employer must prove that no member of the group you are discriminating against could perform the job. Using the religious example, a Lutheran church would argue that only a Lutheran could effectively practice and preach the tenants of their religion and a Catholic would be unable to perform the job due to his or her beliefs.
Courts are very careful to only allow very narrow exceptions to the general prohibition of discrimination against a protected status, and in the case of race there is no exception in case law. The most common exceptions are generally crafted for religion and gender. As an employer, you
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The four-step test for national origin discrimination is as follows: National origin refers to a person’s roots—that is, the country in which the person or the person’s ancestors were born. If the employee belongs to the protected class, the employee wanted to retain or obtain the position, the employee was terminated or the applicant was refused employment and, termination or refusal to hire occurred because of the employee’s or applicant’s national origin.
4. Answer Human Resource Dilemma, Ch 16, #2, p. 392. (Harvey Jameson)
If the age discrimination threshold is 40 years of age, why would the court allow an employee to sue when his or her replacement is over 40 years old?
In most ways, discrimination based upon age is no different than discrimination based on other protected classes, such as race or sex. Courts have generally established the following rules unique to age discrimination cases: if the same supervisor who recommended hiring an employee recommends firing that employee within a year or so of employment, courts assume that termination was not because of age. Courts believe that if a supervisor discriminates against older people, he would not have recommended hiring the employee in the first place; if an employer fires an employee in a reduction in force and does not replace that employee, courts will require direct evidence of age discrimination, such as

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