| Fontana - 1999 - 642 pages
...of the Act.102 In addition, the employer may seek an exemption from the provisions of the Act if sex is a "bona fide occupational qualification reasonably necessary to the normal operation of the business or enterprise."103 Finally, bona fide seniority or merit systems in which different standards... | |
| Titia Loenen, Paulo R. Rodrigues - 1999 - 470 pages
...discharging, classifying, labour organization membership, and advertising. The general exception is 'where age is a bona fide occupational qualification reasonably necessary to the normal operation of the business...' The Dutch Algemene Wet Gelijke Behandeling (Equal Treatment Act) is also set up along... | |
| Martha C. Nussbaum - 1999 - 488 pages
...by such an exemption. Currently, Title VII permits discrimination on the basis of religion when it is a "bona fide occupational qualification reasonably necessary to the normal operation" of the enterprise, and it makes a specific exemption for religious educational institutions, permitting... | |
| 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,... | |
| Robert C. Post, K. Anthony Appiah - 2001 - 188 pages
...not be an unlawful employment practice for an employer to hire and employ employees ... on the basis of his religion, sex, or national origin in those...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... | |
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