bona fide occupational qualification defense

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514 documents for bona fide occupational qualification defense

- Legal Briefings
The US Court of Appeals for the 6th Circuit in Cincinnati reversed a district court's ruling granting summary judgment in favor of an employer in an age discrimination and retaliation case, allowing the case to go to trial in Mickey v. Zeidler Tool and Die Co., No. 06-1960 (1/31/08). When an employee is fired immediately after the employer learns of a protected activity, it can be inferred that there is a causal connection between the two actions, even if the employee does not present other evidence of retaliation. In a separate case, Bates v. United Parcel Service, Inc., 9th Cir. (en banc), No. 04-17295 (12/28/07), the employee alleging that hiring requirements violate the ADA must show that he or she is qualified to perform the essential functions of the job at issue. The bona fide oc...

... could not satisfy a business-necessity defense for its driver hearing standards and in deciding t...The bona fide occupational qualification defense does not apply to ADA claims...
- Workforce Management
- August 25, 2009
- Kentucky Retirement Systems v. EEOC, 554 U.S. (2008)
... disability benefits on the ground that its bona fide benefit program provided disability benefits ... is prohibited unless some exemption or defense provided in the Act applies. . . The Court today ... this phrase had been used without qualification, the Court's interpretation of it might have been ... did not establish a bona fide occupational qualification defense. As a result, the Court held...
- U.S. Supreme Court
- Disparate Impact and Reasonable Factors Other Than Age Under the Age Discrimination in Employment Act
The Equal Employment Opportunity Commission (``EEOC'' or ``Commission'') is issuing this final rule to amend its Age Discrimination in Employment Act (``ADEA'' or ``Act'') regulations concerning disparate-impact claims and the reasonable factors other than age defense (``RFOA''). The Commission published proposed rules in the Federal Register on March 31, 2008, and February 18, 2010, for sixty-day notice-and-comment periods. After consideration of the public comments, the Commission has revised portions of the proposed rules and is now issuing a final rule covering both proposals.

...For example, the ``bona fide occupational qualification'' (``BFOQ'') defen...
- Federal Register Nbr. 77 FR 19080, March 30, 2012
- Rules and Regulations
- Equal Employment Opportunity Commission

- General Dynamics Land Systems, Inc. v. Cline, 540 U.S. 581 (2004)
...," §623(f)'s provision of an affirmative defense when age is a bona fide occupational qualification...
- U.S. Supreme Court
- Life After Gross: Creating a New Center for Disparate Treatment Proof Structures
Introduction - I. The Center and the Gyre of Disparate Treatment Proof Structures - A. The Center - B. The Gyre-The Spiraling Out of Control of Disparate Treatment Proof Structures - II. The Aftermath of Gross and the Widening Gyre - A. Serwatka v. Rockwell Automation, Inc.: Gross and the ADA - B. Smith v. Xerox: Gross and Title VII Retaliation - III. Reeling in the Gyre: The Practical and Theoretical Reasons for a New Center - A. Gross v. FBL Financial Services: A Woeful Decision - 1. Flaws in Gross’s Reasoning - 2. Flaws in the Practical Application of Gross - B. The Scope and Effects of Serwatka and Smith - 1. Serwatka: The Gyre Expands to Encompass the ADA - 2. Smith: One Step Forward, Two Steps Back - C. Gross Beyond the Context of Employment Discrimination Law - D. The Theoretical...
- Louisiana Law Review
- Nbr. 72-1, October 2011
- Kolstad v. American Dental Assn., 527 U.S. 526 (1999)
... believes that its discrimination satisfies a bona fide occupational qualification defense or other s...
- U.S. Supreme Court
- International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Uaw, Et Al., Plaintiffs-Appellants, and Local 322, Allied Industrial Workers of America, Afl-Cio, Intervening Plaintiff-Appellant, v. Johnson Controls, Inc., Defendant-Appellee., 886 F.2d 871 (7th Cir. 1989)
... of employees and their families from occupational health hazards and was responding to the increased... be justified with a "business necessity" defense or must we conclude that these policies may only bbe justified with a bona fide occupational qualification defense. In approa...
- Federal Circuits
- Hazen Paper Co. v. Biggins, 507 U.S. 604 (1993)
...Since the ADEA affords an employer a "bona fide occupational qualification" defense, and exem...
- U.S. Supreme Court
- She's not heavy, she's my sister: does anyone really give a hoot about obesity and weight discrimination? The case of the "heavy" Hooters Girls.
..., it seems Hooters may have had a strong defense by asserting the so-called "bona-fide occupationall qualification" (BFOQ) exception, which applies when the "essence...
- Journal of Legal, Ethical and Regulatory Issues
- Vol. 14 Nbr. 2, July 2011
- Dothard v. Rawlinson, 433 U.S. 321 (1977)
... of the sexes, and, rejecting appellants' bona-fide-occupational-qualification defense under 703 ...
- U.S. Supreme Court