| 1997 - 256 pages
...decisions when the employer can show that non-pregnancy is a "bona fide occupational qualification" that is reasonably necessary to the normal operation of that particular business or enterprise. This business defence is legally limited only to situations where "sex or pregnancy actually interferes... | |
| Rodney A. Malpert, Amanda Petersen - 2000 - 1332 pages
...employer to hire ... on the basis of . . . national origin in those certain circumstances where . . . national origin is a bona fide occupational qualification...operation of that particular business or enterprise." have been very restrictive in their interpretation of the BFOQ defense, making its applicability extremely... | |
| Charles L. Glenn - 2002 - 336 pages
...provided that (1) it was not unlawful to use religion, sex, or national origin as a criterion when it was "a bona fide occupational qualification reasonably...of that particular business or enterprise," and (2) that religion could be used as an employment criterion by an educational institution "owned, supported,... | |
| Henry H. Perritt (Jr.) - 2001 - 914 pages
...other statutory exception to liability. See, eg, 42 USC § 2000e-2(e)(l) (setting out Title VII defense "where religion, sex, or national origin is a bona fide occupational qualification"); see also § 12113 (setting out defenses under ADA). In Hazen Paper Co. v. Biggins, 507 US 604, 616,... | |
| Robert C. Post, K. Anthony Appiah - 2001 - 188 pages
...(1) it shall not be an unlawful employment practice for an employer to hire and employ employees ... on the basis of his religion, sex, or national origin...operation of that particular business or enterprise." 91. 29 CFR § 16o4.2(a) (1998). be seen to be statistically distributed between the sexes, so that... | |
| John D. Skrentny - 2001 - 386 pages
...Section 703(e)(l) of Title VII of the Civil Rights Act of 1964 allows employers to make distinctions "in those certain instances where religion, sex, or...operation of that particular business or enterprise." Race is not included in this title. The practice of racebased hiring, however, has been perceived as... | |
| Cass R. Sunstein - 2001 - 300 pages
...vague here. 4. American law makes the basic prohibitions on employment discrimination inapplicable where religion, sex, or national origin is "a bona...operation of that particular business or enterprise." 42 USC 2oooe-2(e). The prohibition is generally inapplicable "to a religious corporation, association,... | |
| Janet V. Lewis - 2001 - 190 pages
...qualification (BFOQ). Under § 703(e)(l) of Title VII, an employer may discriminate on the basis of "religion, sex, or national origin is a bona fide...operation of that particular business or enterprise." 27 Ultimately, however, the plaintiff retains the burden of persuasion; that is, the plaintiff must... | |
| Ian Shapiro - 1999 - 366 pages
...affirmative defense to a disparate-treatment claim that religion, sex, or national origin (but not race) “is a bona fide occupational qualification reasonably necessary to the normal operation of [thej particular business enterprise.” 8 ' The employer bears the considerable burden of meeting... | |
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