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Statutory Defenses under Title VII

Bona Fide Occupational Qualification (BFOQ) Merit Seniority Systems

User Donal M
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Final Answer:

Under Title VII, a Bona Fide Occupational Qualification (BFOQ) is a specific exemption allowing an employer to legally discriminate in hiring based on a protected characteristic if it's reasonably necessary to the normal operation of that particular business or enterprise. Merit seniority systems, on the other hand, allow for differences in treatment based on factors like seniority, as long as these systems don't have a discriminatory impact on protected groups.

Step-by-step explanation:

Bona Fide Occupational Qualification (BFOQ) serves as an exception to Title VII's anti-discrimination rules. It allows employers to hire based on certain protected characteristics if those characteristics are essential to performing the job's duties. For instance, gender might be a BFOQ for hiring actors to portray a specific gender in performances. However, BFOQ exceptions are quite narrow and must be thoroughly justified as vital for the job role.

Merit seniority systems operate based on an employee's performance or length of service. Employees are rewarded or promoted based on their achievements or tenure. While these systems are permissible under Title VII, they must not disproportionately disadvantage protected groups. If a seniority system unintentionally discriminates against a protected group, it might be challenged under Title VII unless it can be proven as a bona fide merit system that's not designed to discriminate.

In essence, these exceptions within Title VII provide employers with some flexibility in their hiring and promotion practices, but they must ensure these practices are essential to the job and are not discriminatory in their impact on protected groups. It's a balance between allowing reasonable exceptions for certain job requirements while ensuring fairness and equality in the workplace.

COMPLETE QUESTION:

UNDER Statutory Defenses under Title VII WHAT WILL BE Bona Fide Occupational Qualification (BFOQ) Merit Seniority Systems ?

User Wishi
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