bona fide occupational qualification examples

• Louis Swint and Willie James Johnson, on Behalf of Themselves and Others Similarly Situated, Plaintiffs-Appellants, v. Pullman-Standard, Bessemer, Alabama, United Steelworkers of America, Local 1466, United Steelworkers of America, Afl-Cio and International Association of Machinists and Aerospace Workers, Afl-Cio, Defendants-Appellees., 624 F.2d 525 (5th Cir. 1980)

... the seniority system in question to be "bonafide" within the meaning of section 703(h) of Title VII... system at Pullman-Standard is "bona fide" within the meaning of § 703(h) of Title VII, and... found by the court to be a bona fide occupational qualification, sufficient to rebut plaintiffs' pri...Examples of such legitimate discrimination would be the pre...

• Federal Circuits

• 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

• General Dynamics Land Systems, Inc. v. Cline, 540 U.S. 581 (2004)

... of an affirmative defense when age is a bona fide occupational qualification readily shows that...468-469 (1964). He gave no examples, and cited no occurrences, of discrimination again...

• U.S. Supreme Court

• 8 CFR 214.2 - Special requirements for admission, extension, and maintenance of status.

... that the dependent possesses the qualifications for the position. (ii) The Department of State rev... a substantial amount of capital in a bona fide enterprise in the United States, as distinct ... stoppage of workers in the alien's occupational classification is in progress at the place where t...Examples of vocations include nuns, monks, and religious br...

• Code of Federal Regulations - Title 8: Aliens and Nationality

• Kentucky Retirement Systems v. EEOC, 554 U.S. (2008)

... disability benefits on the ground that its bona fide benefit program provided disability benefits ... this phrase had been used without qualification, the Court's interpretation of it might have been ... . Two cases cited in Hazen Paper as examples of "formal, facially discriminatory polic[ies]," s... did not establish a bona fide occupational qualification defense. As a result, the Court held...

• 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.

... a strong defense by asserting the so-called "bona-fide occupational qualification" (BFOQ) exception,...Examples of equitable relief could include reinstating the ...

• Journal of Legal, Ethical and Regulatory Issues
• Vol. 14 Nbr. 2, July 2011

• Fourteenth Amendment. Section 1: Privileges and immunities of citizenchip, due process and equal protection

... of dentistry by prescribing qualifications that are reasonably necessary, requiring licenses,... Examples are seizure of contaminated foods or drugs or othe... to show that he is or has become a bona fide resident entitled to the lower tuition. . Mo... residency requirements for occupational licenses and other purposes. Too, it should be no...

• Constitution of the United States (Annotated)

• Automobile Workers v. Johnson Controls, Inc., 499 U.S. 187 (1991)

... manufacturing process is lead, occupational exposure to which entails health risks, including ..., even if the proper evaluative standard was bona fide occupational qualification (BFOQ) analysis, r... history of Title VII, in which three examples of permissible sex discrimination were mentioned -...

• U.S. Supreme Court

• Temporary Non-Agricultural Employment of H-2B Aliens in the United States

The Department of Labor (the Department) is amending its regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers. This Final Rule revises the process by which employers obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B status. We have also created new regulations to provide for increased worker protections for both United States (U.S.) and foreign workers.

...The report further lists at least 4 examples of fraud committed by employers or their attorneys... will be reviewing them as evidence that a bona fide relationship exists between the agent and the... proposed to require that the job qualifications and requirements listed in the job order be bona f... notices, such as safety and health occupational notices, that the employer is required by law to p...

• Federal Register Nbr. 77 FR 10038, February 21, 2012
• Rules and Regulations
• Wage and Hour Division

• Medicare Program:

...Special Needs Plans (FIDE SNPs) (Sec. 422.102) 3. Application of the Medicar..., we propose to add a definition for ``bona fide service fees'' to our regulations at Sec. 423...Examples of good cause would be similar to those establishe...D sponsor qualifications. In the April 2011 final rule (76 FR 21432), we ad... Labor Statistics estimates from the Occupational Employment Statistics Survey). V. Regulatory Impac...

• FR, October 11, 2011
• Proposed rules
• Centers for Medicare & Medicaid Services