Topic 2: BFOQ and Business Necessity Defenses
“BFOQ’s and “business necessity” sometimes serve as exceptions to the rule that you cannot discriminate in employment decisions.
1. Briefly discuss the difference between BFOQ and Business Necessity defenses.
2. Locate one real-life case from a court or other tribunal where a BFOQ argument carried the day–or did not. Summarize the case. Do you agree or not with the decision? Why or why not?
3. Locate one real-life case where the argument “business necessity” carried the day – or did not. Summarize the case. Do you agree or not with the decision? Why or why not?
You must substantively respond to two colleagues.
Use at least one HR/legal reference and here are a few to get you started.
https://scholarship.law.edu/cgi/viewcontent.cgi?article=2259&context=lawreview
http://www.nolo.com/legal-encyclopedia/fighting-race-national-origin-discrimination-29672.html
http://www.nolo.com/legal-encyclopedia/reasonable-accommodation-religious-beliefs.html
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