bona fide occupational qualification test

• Donald R. Patterson, Plaintiff-Appellant, v. United States Postal Service, Equal Employment Opportunity Commission, Defendants-Appellees. No. 89-3614. Non-Argument Calendar., 901 F.2d 927 (11th Cir. 1990)

... 3307(d) must be considered under the ADEA's bona fide occupational qualification test.[fn8] To the ...

• Federal Circuits

• Rep. George Miller Holds a Hearing On Employment Non- Discrimination

... Our last panel, we'll hear testimony from a Georgia state legislative employee who was ... of employment based on their qualifications and hard work, not on characteristics such as sexu...And we had to prove that it was a bona fide occupational qualification, and we weren't ab...

• Political Transcript Wire
• October 15, 2009

• Daryl Stewart, Individually and on Behalf of all Others Similarly Situated, Et Al., Appellants, v. William French Smith, Attorney General of the United States, Et Al., 673 F.2d 485 (D.C. Cir. 1982)

... ("EEOC") establishes that age is a "bona fide occupational qualification necessary to the p...[fn44] Relying on a litmus test of substantial external effect, appellants contend...

• Federal Circuits

• Alva Gutierrez, Plaintiff-Appellee, v. Municipal Court of the Southeast Judicial District, County of Los Angeles, Incorrectly Sued as 'County of Los Angeles, a Public Entity; Porter de Dubovay; John W. Bunnett; and Russell F. Schooling, in Their Capacity as Officials Having Authority To Issue Personnel Rules for Employees of the County of Los Angeles At the Municipal Court of the Southeast Judicial District,' Defendants-Appellants. Alva Gutierrez, Plaintiff-Appellee, v. Porter de Dubovay; John W. Bunnett; and Russell F. Schooling, Defendants- Appellants., 838 F.2d 1031 (9th Cir. 1988)

... the statute unless it meets the stricter bona fide occupational qualification test. See Dothard ...

• Federal Circuits

• 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... passage of the English language proficiency test given by the Educational Commission for Foreign Me...

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

• COMMUNITY HOUSE V CITY OF BOISE, (9th Cir. 2007)

... the district court erred in applying the test of McDonnell Douglas Corp. v. Green, 411 U.S. 792,... the appropriate test was whether sex was a "bona fide occupational qualification" ("BFOQ"). See id....

• Federal Circuits

• Community House, Inc.; Marlene K. Smith; Greg A. Luther; Jay D. Banta, Plaintiffs-Appellants, v. City of Boise, Idaho; David H. Bieter, Mayor; Boise City Council; Maryann Jordan; Elaine Clegg; Vernon Bisterfeldt; David Eberle; Jerome Mapp; Alan Shealy, Boise City Council Members; Bruce Chatterton, Director, Planning and Development Services; Jim Birdsall, Manager, Housing and Community Development, Defendants-Appellees., 490 F.3d 1041 (9th Cir. 2007)

... the district court erred in applying the test of McDonnell Douglas Corp. v. Green, 411 U.S. 792,... the appropriate test was whether sex was a "bona fide occupational qualification" ("BFOQ"). See id....

• Federal Circuits

• 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 ... did not establish a bona fide occupational qualification defense. As a result, the Court held... issue here does not survive the Court's own test. We need look no further than the Commonwealth's o...

• U.S. Supreme Court

• Community House, Inc.; Marlene K. Smith; Greg A. Luther; Jay D. Banta, Plaintiffs-Appellants, v. City of Boise, Idaho; David H. Bieter, Mayor; Boise City Council; Maryann Jordan; Elaine Clegg; Vernon Bisterfeldt; David Eberle; Jerome Mapp; Alan Shealy, Boise City Council Members; Bruce Chatterton, Director, Planning and Development Services; Jim Birdsall, Manager, Housing and Community Development, Defendants-Appellees., 468 F.3d 1118 (9th Cir. 2006)

... the district court erred in applying the test of McDonnell Douglas Corp. v. Green, 411 U.S. 792,... the appropriate test was whether sex was a "bona fide occupational qualification" ("BFOQ"). See id....

• Federal Circuits

• 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.

...Page 10039. an adequate test of the U.S. labor market to determine whether U.S.... 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