Requirement of Bona Fide Occupational Qualification in Employment Discrimination

2017 ◽  
Vol 24 (2) ◽  
pp. 353-378
Author(s):  
Gong Soo Lim
Author(s):  
John D. Skrentny

This chapter examines racial realism in white-collar and professional employment. It focuses on medicine, journalism, and marketing, providing evidence of the strong support for hiring on the basis of racial abilities and signaling in these jobs. The chapter also shows the support for the racial abilities and signaling that make racial “diversity” attractive to corporate employers. When it comes to legal authorization for racial realism, there is surprisingly little in this sector, as the courts have refused to allow a race BFOQ (“bona fide occupational qualification”), and they have not modified rulings that prohibit customer tastes as a justification for racial discrimination. Another key legal obstacle here is that courts have not allowed voluntary affirmative action to be motivated by racial-realist goals.


Hypatia ◽  
2013 ◽  
Vol 28 (1) ◽  
pp. 101-121
Author(s):  
Camille Monahan

Knowing the theory of gender that a court is using to understand and assess the issues in a case is vital to ensuring that women are afforded their full rights under the law. Unfortunately, courts often do not explicitly state what understanding of gender is informing their decisions. An exception is found in employment law: specifically, the bona fide occupational qualification (BFOQ) exception to Title VII of the Civil Rights Act, which allows employers to engage in sex‐based discrimination in those instances in which the sex of the employee is a reasonably necessary qualification for the job. In these cases, because the court must analyze how “manness” or “womanness” impacts one's qualification to hold certain kinds of employment, the court must articulate its understanding of gender. This paper examines two BFOQ cases in the cross‐gender prison guard context, those cases in which an individual of one sex seeks to guard inmates of the opposite sex. In these cases the courts created a theory of gender that posits men and women as different in kind. The theory developed in this line of cases is an attack on Title VII protections and a potential barrier to women's equality under the law.


1976 ◽  
Vol 15 (01) ◽  
pp. 36-42 ◽  
Author(s):  
J. Schlörer

From a statistical data bank containing only anonymous records, the records sometimes may be identified and then retrieved, as personal records, by on line dialogue. The risk mainly applies to statistical data sets representing populations, or samples with a high ratio n/N. On the other hand, access controls are unsatisfactory as a general means of protection for statistical data banks, which should be open to large user communities. A threat monitoring scheme is proposed, which will largely block the techniques for retrieval of complete records. If combined with additional measures (e.g., slight modifications of output), it may be expected to render, from a cost-benefit point of view, intrusion attempts by dialogue valueless, if not absolutely impossible. The bona fide user has to pay by some loss of information, but considerable flexibility in evaluation is retained. The proposal of controlled classification included in the scheme may also be useful for off line dialogue systems.


EDIS ◽  
2020 ◽  
Vol 2020 (1) ◽  
Author(s):  
Mary Beth Henry ◽  
Kathryn A Stofer

Agritourism marries Florida’s two largest industries, tourism and agriculture, to provide an on-farm recreational experience for consumers. Although Florida trails many other states in the number of agritourism operations, the number of Florida farms offering recreational experiences more than doubled from 2007 to 2012. This new 4-page document describes building codes relevant to Florida agritourism operations. Written by Mary Beth Henry and Kathryn A. Stofer, and published by the UF/IFAS Department of Agricultural Education and Communication.https://edis.ifas.ufl.edu/wc349 A companion document, Florida’s Agritourism Laws, EDIS publication AEC623, Florida’s Agritourism Laws, http://edis.ifas.ufl.edu/wc285, discusses Florida Statutes related to definitions, liability protections, and limits to regulatory authority of local governments over bona fide agricultural operations engaged in agritourism.


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