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BFOQ Arguments In Hiring Practices

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Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against employees on the basis of religion, sex, sexual orientation, or national origin. It forbids discrimination in any aspect of employment, including hiring and firing, compensation, promotion, and benefits. However, there are exceptions to this law, mainly in the form of bona fide occupational qualifications, otherwise known as BFOQ’s.
Title VII permits an employer 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 means that …show more content…

Hooters specifically hires women to provide “vicarious sexual entertainment,” a role that, according to the company, men are unable to fulfill. Because of this there have been many instances of men filing suit against Hooters for their hiring practices. As the result of a class action lawsuit against Hooters in Chicago, the restaurant agreed to offer gender neutral, front of house positions.
Personally, I do not see anything wrong with maintaining a woman only policy for Hooter’s servers. When you enter a Hooter’s restaurant you don’t expect to be waited on by a man, and Hooter’s entire brand is based around the idea of women in tight shirts and short shorts waiting on your party. Incorporating male servers would detract from the Hooter’s brand, and likely hurt the amount of business that the restaurant brings in. I believe that, because of this, the BFOQ policy of Title VII accurately applies to Hooters and their policy of hiring only women as …show more content…

Sexual harassment claims in violation of Title VII were first addressed in Meritor Savings Bank v Vinson. This case marked the Supreme Court’s recognition of certain forms of sexual harassment as a violation of the Civil Rights act of 1964 Title VII, and established what forms of conduct could be seen as unlawful and in what instances an employer would be held liable. After being fired from her job at Meritor Savings Bank, Michelle Vinson sued the vice president of the bank alleging that he had coerced her to have sexual relations with him and made demands for sexual favors while at work. Vinson stated that she had sex with the vice president over forty times and testified that he had touched her in public, exposed himself to her, and raped her multiple times. Vinson argued that these conditions created a hostile working environment and that they were a form of unlawful discrimination under Title VII of the Civil Rights

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93 Words | 1 Pages

In the Ricci v. DeStefano case, Ricci a white male filed a disparate impact lawsuit under the Title VII. Ricci past the test that was given to be promoted within the fire department. Ricci was one of many (white) candidates to passed the test. The testing service hired to administer the test discarded all test because many minorities did not pass. Dothard case would fall under the disparate impact provision because unless the weight testing requirements are revised to be fair to all regardless of gender, more men will continue to outperform women.

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1169 Words | 5 Pages

In this case questioning workplace harassment in terms of sexual discrimination and its prevalence to Title VII of the Civil Rights Act of 1964, Joseph Oncale v. Sundowner Offshore Services distinguishes whether or not discrimination can occur within the same sex. Joseph Oncale, a male, filed a complaint against his employer, Sundowner Offshore Services, Inc. The petitioner was working at one of respondent’s service stations and he was part of an eight men team. In the complaint, Mr. Oncale is alleging that he was sexually harassed by his co-workers John Lyons, Danny Pippen, and Brandon Johnson.

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110 Words | 1 Pages

“A series of legislative initiatives and decisions made by the Supreme Court of the United States defined the possibilities of affirmative action policy” (Finkelman, 2004). Affirmative action is such a controversial topic which has been brought up in many Supreme Court cases. In Griggs v. Duke Power case in 1971, the court argued “Title VII” bans “not only overt discrimination but also practices which are fair in form but discriminatory in operation.” (Finkelman, 2004). To eliminate discrimination processes under Title VII, all employers began to hire and recruit more minorities.

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335 Words | 2 Pages

The class book, Principle of Management, states if a company uses diversity when hiring employees, they can help avoid lawsuits. It further explains, that this is because two thirds of all lawsuits are lost with an average settlement of more than $600,000. It can be very costly for a company to not use diversity when hiring. I do not think that Hooters is discriminating against men, because it is their concept of having the Hooter girls serve the customers. It is their way of marketing their business and everyone who applies their knows they only hire girls as servers.

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Question 1 Title VII is the federal law forbidding employers from discerning against workers from their personal characteristics such as race, sex, and religion or for opposing other actions of the employer or fellow colleagues that violate its provisions . For a retaliation case to be successful, there are three conditions that the retaliation claim must satisfy. First, the employee must have engaged in one of the protected activity, for example, complaining about discriminatory practices.

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684 Words | 3 Pages

The Commerce clause refers to Article 1, Section 8, Clause 3 of the United States Constitution, which gives Congress the power “to regulate commerce with foregin nations, and among the several states, and with the Indian tribes”. This clause is one of the most fundamental powers delegated to congress by the founders. It has helped to seprate the powers between the federal governemtn and the states, along with the branches of governemtn and Judiciary. In simpler terms the commerce clause was to help regulate commerce among navigable waters.

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Regarding the discrimination in the case, yes, there is agreement for both plaintiffs in their case against Hooters. Due to laws established within the state of Michigan there is no recourse for Hooters. The women are protected under the “Elliot Larsen Civil Rights Act, which bans discrimination based dimensions of weight, age or height” (Daly, 2010). This was the only grounds for ruling discrimination in the case.

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88 Words | 1 Pages

Title IX allows women to access a better career education by not limiting subjects such as math, technology, engineering, and science to men (Musil). In the seventies’, women were not allowed to go to college and study the topics men had the privilege to study. Many took low paying jobs and studied jobs such as cosmetology and home economics (“Career”). Title Ix allowed women to study to be anything from a teacher, to a biochemical engineer which was not allowed in the past because they were women (Musil).

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501 Words | 3 Pages

Unit 9: The Civil Rights Movement- Topic 1 Watch television for 30 minutes or watch about 30 minutes of any movie made within the last five years. What were the first five things that stood out to you as being a product of progress since the Civil Rights Movement? “The civil rights act of 1964, prohibits discrimination in public accommodations, in programs receiving federal funds, and in employment; established the EEOC to enforce its provisions” (Harrison, 2017, p. 293).

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551 Words | 3 Pages

Pam: Are Companies Required to Make Accommodations for Pregnant Workers? There are a number of laws that require that companies provide reasonable accommodations for pregnant workers. The federal government forbids companies from terminating pregnant employees, but every state has their own interpretation of the meaning of reasonable accommodation.

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669 Words | 3 Pages

This goes to show that yes men are the more likely hire on. This is just sad america is supposed to be the leader in change and acceptance but we still discriminate on sex. There needs to be a radical change in the way america carries itself in the face of the world. It is a hive of sexist backwards thinking that shames all.

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743 Words | 3 Pages

Non-Harassment and Workplace Violence Policy 1. Purpose The purpose of this policy is to create a framework of the firm’s policy for providing a workplace that is free of unlawful and improper harassment, violence, and promotes respect for employees at ________. 2.

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1385 Words | 6 Pages

Unlike diversity, the word discrimination does have some legal obligation and foundation to its meaning. In its most simplistic form, discrimination is defined as the unjust or prejudicial treatment of different categories of people or thing. According to the US Equal Employment Opportunity Commision (EEOC) there are twelve forms of discrimination. They range from discrimination due to age and disablility to discrimination of sex and race. The inclusion of this definition, as was mentioned prior, was because before something can be discussed it needs to be understood.

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1134 Words | 5 Pages

Introduction Employment discrimination is defined by acts that harm or disadvantage employees based on assumptions and stereotypes of their gender, race, ethnicity, sexual orientation, religion, and age. In 2014, approximately 3% of Canada’s population self-identified as being part of the LGBT community, and the LGBT community experiences more discriminatory acts than the bigger heterosexual group. Sexual minorities are also reported to have higher rates or risks for mental health issues such as, anxiety, depression, and self-harm. The paper argues that the LGBT community is at risk for poor mental health as they experience workplace discrimination due to heteronormativity and negative stereotypes.

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1542 Words | 7 Pages

Introduction Chapter 4 Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking defines rights theory as: …encompasses a variety of ethical philosophies holding that certain human rights are fundamental and must be respected by other humans. The focus is on each individual member of society and her rights. As an actor, each of us faces a moral compulsion not to harm the fundamental rights of others… This quote illustrated the basic criteria for the rights of an individual. Human rights need to be protected and is an important aspect of a successful business.

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