When is Preference Okay?

One of the more interesting aspects of the legal environment as regards to hiring employees is the circumstance where Equal Employment Opportunity and Affirmative Action do not apply - the Bona Fide Occupational Qualification. Here is the definition: “ Employment practices that would constitute discrimination as to certain individuals of a particular religion, gender, national origin, or age range (but not race or color) when the otherwise illegal discrimination is a bona fide qualification that is reasonably necessary for the normal performance of the duties of that particular occupation.” For example, a designer of women’s clothes by necessity is permitted to hire only female models to show off new designs. Such practices are not illegal under federal law. In addition, religious organizations and schools are allowed to hire only members of that religion even if religion is not a bona fide occupational qualification for that position (such as the requirement that all teachers in a parochial school be Catholic, even though they teach subjects that do not require Catholic background).

For this activity, I would like you to share your viewpoint on the fairness of the Bona Fide Occupational Qualification. Take a stance and discuss either why you think it is fair or why you do not think it is fair. Give examples in your response and draw on your readings, textbook, and websites to justify your stance. You will then read through the posts of your peers and choose two to respond. Discuss whether you agree with their position or whether you disagree. Continue your dialogue until you either agree with one another or agree to disagree with one another.

Please be sure to respond to the initial question in a way so as to assess and evaluate it, or relate to it.