Bona Fide Occupational Qualification (BFOQ)
Andrea applied for a position as a prison guard in a North Carolina State prison. Her application was rejected because she failed to meet the minimum requirements. North Carolina requires that prison guards are at least 120 pounds and a minimum of 5 ft. 2 inches tall. North Carolina officials state that these statutory weight and height criteria are necessary because prison guard positions are contact positions requiring close physical proximity to inmates. The prison further states that hiring more males in contact positions is a “Bona Fide Occupational Qualification”. Andrea brings suit under Title VII of the Civil Rights Act of 1964.
Using appropriate resources, address the following in a 3-4 page APA paper:
Should Andrea win?
What are the requirements for an employer to use the BFOQ defense for discrimination?
What points should Andrea’s attorney make on her behalf?
Use a minimum of 3 credible sources such as scholarly journal articles. Be sure to cite your resources and include an APA formatted title page and references page
Solution Preview
Researchers show that a Bona Fide Occupational Qualification is a quality considered by employers when they are making decisions on the appointing and retention of the employees. It seems to integrate discrimination thus being in civil rights violation. Title VII of the civil rights is termed as a federal law that protects labourers opposed to the perception that is based on specific characteristics. The characteristics include race, colour, nationality, gender and religion.
(1,092 words)