BFOQ or Bona fide Occupational Qualification is known as an employment qualification; employers are permitted to regard as to hire and re – hire employees while they are making decisions. BFOQ relates to important duties at work and necessarily considered for operations in the business in particular. The rule allows hiring persons that is based on sex, age, race, and nationality provided these distinctions are BFOQ. It is indeed true that the society is aware and well – educated concerning race, equality, disability, and discrimination among others. The 1964 Civil Rights Act protects an employee from discrimination that is based on sex, age, race, and nationality at the place of work. In an article about BFOQ, military women have the right to fill combat positions as an equal opportunity to join the armed forces. Physical demands or standards have no reason to be changed or lowered just merely based on gender, there are female candidates who can actively execute equally or even higher as male candidates do. Women are competitive and trained equally like men as they performed in the combat field or in the headquarter offices.
Organizations are collection of people working hand in hand to fully achieve a wide range of various goals or objectives. The organizational behaviors are the actions and different attitudes of people involved in the organization. The organizational behavior covers the entire body in terms of knowledge as derived from the people’s actions and attitudes respectively. The organizational behavior assists the team leaders or managers clearly understand different situations or conditions in the organization internally and externally. It identifies any dispute; determine the best way to resolve it and making sure solutions are important and appropriate. Organizations faced top controversies about BFOQ’s definition in filling the positions as necessary. BFOQ is associated to disparate treatments with a different concept. Disparate treatment occurs when employers discriminate people based on its protected characteristics intentionally while BFOQ is predetermined qualifications for employment. Disparate impact centered on the effects and results of discriminatory practices of employment and not on the causes. The initial burden of proof stays within the employees and after the evidence is shown, the burden of proofs transfers to the employers. Employers demonstrate appropriate decisions through some evidence of business essentials or BFOQ that justify the discrimination based on the job reasonable necessity.
The American with Disabilities Act of 1990 (ADA) provides protections such as prohibiting from discrimination based on sex, age, race, and nationality in all areas of employment including firing, hiring, employee advancement, and working conditions; only this act applies to people with mental or physical disabilities provided the individual is qualified for the job. The avoidance of liability of employers is done through establishing the undue hardship that imposed an important expense or difficulty as required that create the accommodations necessary and employees can perform the job well.
Reference
Holliday, C. P. (2010). The Age Discrimination in Employment Act of 1967: Issues Litigated at
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Mawdsley, R. D. (2011). EMPLOYMENT, SEXUAL ORIENTATION, AND RELIGIOUS
BELIEFS: DO RELIGIOUS EDUCATIONAL INSTITUTIONS HAVE A PROTECTED RIGHT TO DISCRIMINATE IN THE SELECTION AND DISCHARGE OF EMPLOYEES? Brigham Young University Education & Law Journal (2), 279-302. 24p.
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