BUS 692 DQ 1&2 Replies Needed

BFOQ

Research the term BFOQ. Explain its importance and relevance to HRM. How might not appropriately incorporating well defined BFOQs lead to difficulties for the organization? How would the concept of BFOQ be linked to “disparate treatment” and/or “disparate impact” in respect to staffing?  What is the link between the ADA (1990) and BFOQs? Present your views in 200 words or more in your discussion post. Respond to two of your classmates’ posts. Use at least two scholarly source in your reply.  Remember to properly cite your sources.

Respond to Ernest Evans Post

Before starting the hiring process, management always knows what they will look for the certain job. Job descriptions are always clear, but sometimes some jobs require employees having different characteristics than the described ones. These are rare circumstances that hiring department hires a person who’s characteristics does not match with the provided list of qualifications. This all is called Bona Fide Occupational Qualification (BFOQ) (Hunt, 2014). In US it is called Bona Fide Occupational Qualification (BFOQ) in Canada it is called Bona Fide Occupational requirement (BFOR).

In simple terms it is the form of discrimination method used by management to hire their favorite persons. They can differentiate between applicants on the basis of color, race, gender, religious or geographical backgrounds.  Through BFOQ a manager can easily alter the hiring process and disturb the normal hiring flow (Venable, 2014).   BFOQ are safety techniques designed by management to safe themselves from legal issues. Since gender, race and color discrimination is not allowed in this time, so management can raise the point that they have selected that particular person on the basis of BFOQ.

Management should kept in mind that they should not disrespected an staff. Disparate treatment can raise arguments on their work environment. Furthermore, all postings can never be same for all type of people, although law gives safety to “qualified individuals”. Sometimes you are qualified by have something missing in your profile that you cannot apply for a job. For example a person may have long list of degrees and certificates but his communication skills are down, so he can apply for the post of sales manager, but he can be rejected. This rejection would not be on the basis of color, race, gender, qualification but on the basis of important missing skill. Rights of general public are secured but there are some missing things which can never be answered by rights only (Griffith, 2017).

References

Griffith, D. (February 3, 2017). Discriminatory Job Postings? What's the Deal? Retrieved from https://www.higheredjobs.com/articles/articleDisplay.cfm?ID=1187

Hunt, S.T. (2014). Common Sense Talent Management.  Retrieved from https://www.vitalsource.com

Venable LLP (April 14, 2014). Prohibited Discrimination in Hiring: Disparate Treatment and Disparate Impact Retrieved from https://trust.guidestar.org/blog/2014/04/14/prohibited-discrimination-in-hiring-disparate-treatment-and-disparate-impact/

Respond To Bethany Moorman post

BFOQ stands for Bona Fide Occupational Qualification which means a specific attribute is essential for an individual to perform a specific job (USLegal, 2020). Disparate impact means that a negative impact is likely to occur or has occurred when the policy or practice did not appear to intend harm towards a protected class.  Disparate treatment is when an employee is intentionally subjected to an adverse action or harassment based on their status involving a protected class (Workplacediscriminationlaw.com, 2012).  While many protections against disparate treatment are rightfully afforded by our nations laws, such as Title VII, the Pregnancy Discrimination Act (PDA), and the Age Discrimination in Employment Act (ADEA), there are some exceptions based on what may be considered a BFOQ (Workplacediscriminationlaw.com, 2012). While disparate impact and disparate treatment are very clear in their intent and typically their application, there are some narrow instances where a BFOQ may be an applicable factor in employment decisions. More common examples would include actors and the necessity for a male or female to portray a specific role. However, the definition of a BFOQ is very narrow and not often applicable. This can lead to potentially difficult situations for an employer attempting to implement BFOQ as a factor in employment decisions as it could easily appear that a candidate is being subjected to disparate treatment.

References:

USLegal (2020). Bona fide occupational qualification law and legal definition. USLegal. Retrieved from https://definitions.uslegal.com/b/bona-fide-occupational-qualification/

Workplace discrimination law. (2020). BFOQ defenses in workplace discrimination lawsuits.  http://www.workplacediscriminationlaw.com/bfoq-defenses-in-workplace-discrimination-lawsuits