The concept of BFOQ can be linked to Disparate Treatment (DT). According to Skrentny (2014, p. 3012), “ disparate treatment is a form of discrimination whereby an employer treats some individuals as less favorite for specific jobs”. This treatment is usually based on the religion, color, race, or sex of the targeted people.
What is BFOQ and disparate treatment (DT)?
The concept of BFOQ can be linked to Disparate Treatment (DT). According to Skrentny (2014, p. 3012), “ disparate treatment is a form of discrimination whereby an employer treats some individuals as less favorite for specific jobs”.
What are the consequences of poor implementation of BFOQs?
A poorly incorporated BFOQ will result in legal issues. For instance, issues of discrimination might arise in the organization. Poor implementation of such BFOQs will also affect the performance of the targeted organization (Dreher & Dougherty, 2002). A poor implementation of such BFOQs will violate the civil rights of different workers.
What is a BFOQ and why is it important?
A BFOQ is a work requirement that results in effective job performance. For example, a person of a specific gender or age can complete a specific job effectively. This work requirement ensures the targeted individual completes the specified work in a proper manner. A “BFOQ derived in good faith is usually legal” (Skrentny, 2014, p. 3006).
What should a company do to ensure BFOQ compliance?
Companies should also ensure their buildings and structures are accessible to disabled persons. That being the case, the ADA (1990) should inform the concept of BFOQ. Employers can hire such individuals to provide the best services to disabled customers.
What is an example of disparate treatment in the workplace?
Disparate treatment refers to intentional discrimination, where people in a protected class are deliberately treated differently. This is the most common type of discrimination. An example would be an employer giving a certain test to all of the women who apply for a job but to none of the men.
How is disparate treatment discrimination proved?
Disparate treatment is a way to prove illegal employment discrimination. An employee who makes a disparate treatment claim alleges that he or she was treated differently than other employees who were similarly situated, and that the difference was based on a protected characteristic.
What is an example of disparate impact discrimination?
A common and simple example of “disparate impact” discrimination is when an employer has a policy that it will only hire individuals who are a certain minimum height or who can lift a certain minimum weight. Courts have found height restrictions disproportionately impact women and certain races.
What is disparate treatment?
Disparate treatment is intentional employment discrimination. For example, testing a particular skill of only certain minority applicants is disparate treatment.
How is disparate treatment proven?
To prove disparate treatment, the employee (plaintiff) must first present a “prima facie” case, meaning that he must present evidence that discrimination has occurred. This evidence can be either direct evidence or indirect (circumstantial) evidence.
What do you need to prove a disparate treatment?
To support a disparate treatment claim, you need to establish four elements:The individual is a member of a protected class;The employer knows of the individual's protected class;A harmful act occurred; and.Other similarly situated individuals were treated more favorably or not subjected to the same treatment.
What is an example of a bona fide occupational qualification?
Some examples of allowable BFOQ are: Airline pilots and bus drivers who are assigned a mandatory retirement age. Church employees who must be a member of the denomination to fulfill job duties. Models or actors who need to show authenticity in a role.
How do you identify disparate impact?
To establish an adverse disparate impact, the investigating agency must (1) identify the specific policy or practice at issue; (2) establish adversity/harm; (3) establish significant disparity; [9] and (4) establish causation.
What is evidence of disparate impact?
The most compelling evidence of disparate impact is proof that an employment practice selects members of a protected class in a proportion smaller than their percentage in the pool of actual applicants, or, in promotion and benefit cases, in a proportion smaller than in the actual pool of eligible employees.
What is disparate treatment vs disparate impact?
The difference between disparate impact and disparate treatment is that disparate treatment is intentional discrimination, while disparate impact is unintentional.
How can disparate treatment be prevented in the workplace?
The key to avoiding disparate discrimination is to treat all candidates equally. If you ask something of one candidate, make sure you ask the same of the others. Don't require pre-employment testing, proof of certifications or examples of experience from one candidate without asking it from all.
Which of the following is an improper application of a bona fide occupational qualification Bfoq )?
Which of the following is an improper application of a bona fide occupational qualification (BFOQ)? It requires an employer to hire and retain an individual alleging a disability regardless of his or her qualification for the job.
Importance and Relevance of BFOQ
- A Bona Fide Occupational Qualification (BFOQ) is a concept used by different organizations and Human Resource Managers (HRMs). A BFOQ is a work requirement that results in effective job performance. For example, a person of a specific gender or age can complete a specific job effe…
Organizational Difficulties Associated with BFOQs
- Many firms have encountered numerous challenges because of these BFOQs. Failure to incorporate well-defined BFOQs can result in many difficulties in an organization. A poorly incorporated BFOQ will result in legal issues. For instance, issues of discrimination might arise in the organization. Poor implementation of such BFOQs will also affect the performance of the tar…
The Link Between The Ada (1990) and BFOQs
- The Americans with Disabilities Act (ADA) of 1990 protects the rights of disabled persons in the United States. According to the ADA, every disabled person should get fair treatment and remuneration (Skrentny, 2014). The Act also requires employers to accommodate every disabled worker. Companies should also ensure their buildings and structures are accessible to disabled …
Reference List
- Dreher, G., & Dougherty, T. (2002). Human Resource Strategy: A Behavioral Perspective for the General Manager.Boston, MA: McGraw Hill. Skrentny, J. (2014). Have We Moved Beyond the Civil Rights Revolution?The Yale Law Journal, 123(1), 3002-3034.