Today I would like to continue our discussion of Title
VII. On both a legal and on an ethical
level for Managers and Human Resources Professionals, it is important to treat
individuals in “Protected Groups” in a non-discriminatory way. As always, please feel free to provide your
own thoughts and ideas in the comments section below.
EEO Laws - Title VII
(Part 2)
(Part 2)
Bona Fide
Occupational Qualifications (BFOQ)
There are occasions in hiring in which a company may be able
to discriminate legally. This discrimination
is known as a Bona Fide Occupational Qualification. The BFOQs relate to essential functions
required to carry out a job. There may
be some jobs that may require personal features which are necessary to properly
perform a job. For example, astronauts in
NASA currently are required to be between 62 and 75 inches in height. This is because NASA’s equipment is designed
to fit that specific range of heights safely.
Someone that is 79 inches tall might not be able to get their suit on
for a spacewalk. Therefore, it this
situation, it would be okay to discriminate in hiring against those taller or
shorter than the acceptable height range.
Per the Cornell University Law website:
Title
VII permits you to discriminate on the basis of "religion, sex, or
national origin in those instances where religion, sex, or national origin is a
bona fide occupational qualification reasonably necessary to the normal
operation of the particular business or enterprise." This narrow exception
has also been extended to discrimination based on age through the Age
Discrimination in Employment Act (ADEA). This exception does not apply to
discrimination based on race.
If you think that a position may require a BFOQ as part of
the job description, it is obviously essential that you discuss it with a
lawyer. You would not want to be drawn
into a lengthy court proceeding.
Consider that since 1997, Hooters restaurant has paid out millions of
dollars in out of court settlements because of their position that female
sexuality is a BFOQ. Be careful to
ensure that your BFOQ is actually essential to being able to complete a job.
Disparate Impact
One other special item to consider from Title VII is the
area of Disparate Impact. In the process
of forming company policies and in creating job postings, be mindful that discrimination
is not unintentionally supported. Under
Griggs v Duke Power Co., the Supreme Court ruled that a plaintiff only needs to
prove adverse impact and not adverse intent.
A policy that appears to be neutral, but which results in a protected
group being discriminated against, can still be held liable. In the
example of the Griggs case, the requirement of a High School Diploma and high
IQ test scores were decided to be unfair, as these requirements were not
directly affecting the ability of a person to complete a job.
Thank you for staying with me through this post. I hope that you all have a happy and
productive day.
And remember all of
you Human Resources professionals: Be
Human... Be a Resource... Be a Resource
for Humans.
Useful Links:
Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.
No comments:
Post a Comment