Question

General Provisions

Martel, a competent male secretary to the president of ICU, was fired because the new president of the company believed it is more appropriate to have a female secretary.

(a) Has a violation of the law occurred?

(b) Assume that a violation of the law has occurred, and Martel decided to take an extended vacation after he was fired. Upon his return seven months later, Martel filed suit in federal district court against ICU, charging illegal discrimination under the Civil Rights Act of 1964. What remedies will be available to him under the act?

Answer 1

a) yes

b) Company must have BFOQ to keep a female secretary.

Step-by-step explanation:

a) Martel was fired based on his gender

b) Civil rights act of 1964 prohibits hiring, firing and promotion in employment based on gender and sex.

Martel can't file a law suit with Equal employment opportunity commission now as more than 180 days have passed.

However, he can challenge the appointment of female by questioning the existence of Bonafide Occupational Qualification for the job of the secretary in the company.