bona fide occupational qualification act

• Is This a Bona Fide Occupational Qualification?

This case examines the Bona Fide Occupational Qualification (BFOQ) exception in discrimination cases. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex or national origin. The Age Discrimination in Employment Act expands this protection to cover age discrimination against people over 40. However, there is an exception, the BFOQ. Under certain circumstances, an employer can discriminate, if age, gender or national origin can be shown to be a legitimate requirement, in order to perform the job. In this case, the BFOQ is defined, the criteria for a BFOQ are listed, and the limits to BFOQ are discussed. Several real examples are given of cases in which a company has alleged a BFOQ exists. Students are asked to examine each example, and de...

• Journal of the International Academy for Case Studies
• Vol. 12 Nbr. 4, January 2006

• Western Air Lines, Inc. v. Criswell, 472 U.S. 400 (1985)

... Act provides an exception "where age is a bona fide occupational qualification [BFOQ] reasonably ...

• U.S. Supreme Court

• 29 CFR 1625.6 - Bona fide occupational qualifications.

• Code of Federal Regulations - Title 29: Labor

• The problem of policing.

... about the institutional structures, occupational norms, market pressures, political influences, and..., there is law that governs police qualifications and training, law that regulates the management an... in Employment Act: Whither the Bona Fide Occupational Qualification and Law Enforcemen...

• Michigan Law Review
• Vol. 110 Nbr. 5, March 2012

• EEOC v. Wyoming, 460 U.S. 226 (1983)

... on the basis of age, except "where age is a bona fide occupational qualification reasonably necessa...

• U.S. Supreme Court

• Richard T. Kopec, Plaintiff-Appellant, v. City of Elmhurst, a Municipal Corporation, and Board of Fire and Police Commissioners of the City of Elmhurst, Defendants-Appellees., 193 F.3d 894 (7th Cir. 1999)

... limits would have to prove that age is a bona fide occupational qualification ("BFOQ") for publi...

• Federal Circuits

• Johnson v. Mayor and City Council of Baltimore, 472 U.S. 353 (1985)

..., except when age is shown to be "a bona fide occupational qualification [BFOQ] reasonably ...

• U.S. Supreme Court

• Professional Pilots Federation, Et Al., Petitioners v. Federal Aviation Administration, Respondent., 118 F.3d 758 (D.C. Cir. 1997)

... in § 623(f)(1) of that statute for a bona fide occupational qualification. 29 U.S.C. § 623(...

• Federal Circuits

• v. Ray Summers, Plaintiff-Appellant, v. State Farm Mutual Automobile Insurance Company, Defendant-Appellee., 864 F.2d 700 (10th Cir. 1988)

... two defenses: (1) the age requirement was a bona fide occupational qualification within the Act, an...

• Federal Circuits

• Central City Makes a Promotion - Part C

What is an equal opportunity employment environment? What constitutes illegal retaliation under the 1964 Civil Rights Act? The Central City Police Department faces these questions concerning their recent employment practices. More specifically, what is the department's justification for not promoting the individual whose name is on top the promotion list at the time the promotion is being made? How can an employee with excellent performance evaluations and a clean discipline record not be promoted? Could it be that the individual was a woman? Was the fact the woman had previously filed a sex discrimination lawsuit a factor in the decision? Does the work environment penalize women or people who stand up for their legal rights? Finally, are supervisors and employees appropriately trained ...

... sought others with the plaintiff's qualifications. A prima facie;1015;1015 case of retaliation;1018;...Another defense is that there is a bona fide occupational qualification (BFOQ) that requir...

• Journal of the International Academy for Case Studies
• Vol. 14 Nbr. 4, April 2008