Exam 3: Equal Employment Opportunity

Correct Answer:

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Court decisions and administrative rulings have helped to define several basic EEO concepts. The four key concepts are discussed below:
Business Necessity and Job Relatedness: A business necessity is a practice necessary for safe and efficient organizational operations, such as restricting employees from wearing garments that might get caught in machinery although the attire may be required by an employee's religion.
Bona Fide Occupational Qualification:Employers may discriminate on the basis of sex, religion, or national origin if the characteristic can be justified as a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or enterprise. Thus, a bona fide occupational qualification provides a legitimate reason why an employer can exclude persons on otherwise illegal bases of consideration. The application of a BFOQ is very narrowly determined and an employer seeking to justify hiring on this basis is advised to obtain prior authorization from the EEOC. What constitutes a BFOQ has been subject to different interpretations in various courts. Legal uses of BFOQs have been found for hiring women as Playboy bunnies but not for hiring only female prison guards in a women's prison.
Burden of Proof: When a legal issue regarding unlawful discrimination is raised, the burden of proof must be satisfied to file suit against an employer and establish that unlawful discrimination has occurred. On the basis of the evolution of court decisions, current laws, and regulations the plaintiff charging discrimination must establish a prima facie case of discrimination through either factual or statistical evidence. The prima facie case means that sufficient evidence is provided to the court to support the case and allow the plaintiff to continue with the claim. The burden then shifts to the employer who must provide a legitimate, nondiscriminatory reason for the decision. The plaintiff then must show either that the employer's reason was a pretext for discrimination or that there is an alternative selection technique that would not result in discrimination. The plaintiff maintains the final burden of proving that an employment decision was the result of unlawful discrimination.
Retaliation: Employers are prohibited from retaliating against individuals who file discrimination charges. Retaliation occurs when employers take punitive actions against individuals who exercise their legal rights.