Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Essay:
Define BFOQ and list to which characteristics it applies
The bonafide occupational qualification BFOQ is a valid defense against allegations of discrimination where there is a need to hire persons with certain qualifications and traits. Some examples are requirements that engine drivers must not be color blind, could be legal. The general criteria are that without falling to the exceptions selective employment can be given to suit the nature of work. Though the general requirement of the work may help the employer use the BFQQ to avoid certain employees, there is a general system of laws that have to be carefully studied. (Weiss, 2004)
Human resources can be a protected class of people and the civil rights laws actually help the hiring of employees without trampling their rights. The equal employment Opportunities Commission EEOC and the U.S. Supreme Court have in a number of decisions laid down rules regarding this. For example the definition of racial discrimination with the definition of a 'race' as any ethnic minority' in the civil right laws 1866 shows that racial discrimination is against minorities. This law BFQQ cannot thus be used to avoid employing the minorities showing requirements. Thus there cannot be applicability of any characteristic specific too any reserved class. However one can specify an age requirement and this would be right under the BFQQ. (Weiss, 2004)
The example cited that a person with color blindness cannot be an engine driver whatsoever the race or gender is an example of the legal exercise of the BFQQ laws. Broadly there must be an essential trait or qualification for the job in question to claim BFQQ. The issues that must be watched for pertains to recruitment and hiring, sexual harassment, violation of privacy and evaluations and promotions 1 the illustrative case is with regard to the retirement age is an example where police officers were required to retire by 55 years, the question under the BFQQ was whether the employer was able to show a fall in medical fitness after the age, and the employer applies the same physical standards too all employees regardless of age. (Bernardin, 2007) This also apples under the ADA act where persons with disabilities may not be discriminated against.
2. What is the purpose of the Glass Ceiling Commission?
The aim of the act was to provide for equality and unhindered career path to employees without an artificial stop to their progress. This was because before the act the executive positions were inaccessible to minorities and women. In 1991 as an extension to the Civil Rights act of 1991 the Congress passed the Glass Ceiling Act and then created a commission to enforce the act. The commission's duty was to see the artificial barriers that were created to the employee in his or her career advancement and the level at which they could go no more -- that is encounter a glass ceiling. This was more stressed for women employees who had limited opportunities at advancement in their career. Thus the act was to ensure that employees could reach executive positions without having an artificial barrier to achieve the full potential. This was more stressed for women and minorities. (Karsten, 2006)
The aim of the act was to make it possible to women and minorities who are broadly discriminated against to reach the higher posts of the hierarchy without being sealed off from the opportunity. This was also to ensure that they received adequate training and the commission could thus review specific discriminatory practices and also harassment that prevents women from progressing the hierarchy. However the discrimination at the workplace is not entirely offset by the act and this applies to women in blue collar jobs and white collar jobs. It should be understood that not only were women harassed at their own work and thus could not find a method of career advancement is a fact. That is because the work environment earlier was hostile to them. The glass ceiling act also is a method by which the hostile environment could be broken. Thus it was stated in Yates v. Avco Corp., the plaintiff's supervisors constantly made rude comments to her and repetitively made requests for sexual favours, and this created an unlawful hostile work environment. (Office of the Federal Register (U.S.), 2012) Likewise Meritor Savings Bank v. Vinson 1986 takes the stand that the Civil Rights Act of 1964 businesses are responsible for sexual discrimination in the workplace and that would always resulting in economic loss to the victim. (Enotes, 2006) It would be not only an economic loss, but also a loss in career and experience.
3. What is the Federal Privacy Act, to whom does it apply, and what does it protect?
The privacy act regulates how federal agencies may use the personal information that individuals supply when obtaining government services. The act applies to the employees who handle data and records, especially of the governments. It also pertains to the records and documents made by employers of the employees, including the interviews and summaries and how far the employee or persons are invested with rights to claim view of the same. There are activates that are protected by the first amendment and thus a recorded cannot be kept of the way an individual enjoys his or her fundamental rights and all records must be handled with due regard to the privacy act. No person is authorized to disclose content of a document of an individual under the act excerpt where there is an express provision for this. (Office of the Federal Register (U.S.), 2012)
The code and the regulations is applicable to all agencies that deal with public data and especially general and permanent rules published in the Federal Register by the Executive departments and agencies of the United States Federal Government. The private information must not be disclosed to a third party who did not have an association with the entity- and the privacy rule imposes conditions for the disclosure of information but it does not restrict the use of information or treatment, payment, and for public necessary purposes.
4. What are the requirements of an Affirmative Action plan? List the criteria for proof of its "remedial nature."
There are series of systems that begin with hiring an employee and continue all through the employment life cycle and to heir retirement or for terminating employment and these may be termed as duty laws, off duty laws, hiring and terminating laws. These laws are a group of sequences that must be adhered to by the employer. (Walsh, 2009) The courts have shown deep concern over the acceptable plans and the court was quick to scrutiny the amount of discrimination that was imposed on minorities. This can be seen in Wygnat V Jackson Board of education 9496 U.S. 267 of 1986. Societal discrimination thus was not a method off adopting hiring practices other than the affirmative action policies that placed the burden on others. There must not be visible burdens on the individuals that come under the affirmative actions. (Hartigan; Wigdor, 1989) Race and gender-based discriminatory employment can be resorted too in cases where it is attempted as a remedial action for the past inequality created and even the setting of aptitude tests have come under court review.
5. Answer the following problem: Reggie Kelly, who is African-American
a.What advice would you give him?
Yes he is entitled to file a complaint under title VII. The reason is that he can allege discrimination even if there was no economic or other loss to him. It was so laid in Yates v. Avco Corp. (Enotes, 2006) Likewise Meritor Savings Bank v. Vinson 1986 takes the stand that the Civil Rights Act of 1964 businesses are responsible for sexual discrimination in the workplace and that would always resulting in economic loss to the victim. Therefore he can raise a claim. The fact that the employer serves high end clientele does not helps the management because the economic situation of the client is not a barrier to employ him. There is no specific requirement that high ranking clients must be served by a particular community or affluence. Therefore the BFQQ would not apply in this case.
b. Where would he go to file this complaint?
He must move the appropriate branch of the EEOC -- The Equal Employment Opportunities Commission is the appropriate authority to file the case and the EEOC guidelines for manages says that where the employer fails too hire someone because she or he is a member of a protected group, or segregate the employment such that the individual would lose the opportunity to be employed and action would lie against the managers. (Weiss, 2004) The employee must establish the intentions of the potential employer.
c. How much time does he have to do so?
The law of limitation is not applicable to this case and was so decided in Johnson v Railway express Agency 421 U.S. 456, 44 L.Ed. 2nd 295,95,Sct that the filing…[continue]
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