BFOQ Discrimination Case Study

Discrimination
According to Eisenhower (1959, March 13), “I believe that the United States as a government, if it is going to be true to its own founding documents, does have the job of working toward that time when there is no discrimination made on such inconsequential reason as race, color, or religion” (Eisenhower, 1959 March 13). In this paper I am going to discuss a case where an employer argued BFOQ (bona fide occupational qualifications), should Title VII apply to every company regardless of the number of employees, and should race and color be permissible bona fide occupational qualifications.
Case Where a Employer Argued BFOQ
The case that I found where an employer argued BFOQ is Russell v. Microdyne Corporation. According to RUSSELL v. MICRODYNE CORPORATION (n.d.), the plaintiff’s name is Marie Russell, who filed suit against Microdyne Corp., her employer at the time. She alleged that they discriminated against her because she was a woman, which is in violation of Title VII. Her complaint alleged that she had been denied a promotion, been sexually harassed in the workplace, and been punished for opposing those advancements. During litigation, Microdyne found out that Marie Russell failed to tell them about previous work experience and if they had known, they wouldn’t have hired her to begin with. (RUSSELL v. MICRODYNE CORPORATION, n.d.).

Relevant Law Used by the Court to Determine the Outcome of This Case
According to Kellner (2006, October), the Russell v.

Microdyne Corporation case the courts used after-acquired evidence to make a decision on this case. They used this because the employer, Microdyne Corp., discovered Russell’s job application didn’t divulge the whole truth about her past employers, her previous salary, and her reason for leaving her last employer. That is why, in this case, the trial court granted the employer summary judgment, based upon after-acquired evidence (Kellner, 2006

October).
Facts From the Researched Situation
As stated above, plaintiff Russell claimed she was discriminated against under Title VII, by her employer. Her employer argued BFOQ, because plaintiff lied about her previous work experience and salary. Microdyne Corporation argued that if they had known about those two things, they wouldn’t have hired her in the first place.
Should Title VII Apply to Every Company Regardless of Number of Employees
According to Know Your Rights: Title VII of the Civil Rights Act of 1964 (n.d.), “Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. It generally applies to employers with 15 or more employees, including federal, state, and local governments. Title VII also applies to private and public colleges and universities, employment agencies, and labor organizations” (Know Your Rights: Title VII of the Civil Rights Act of 1964, n.d.). I think all companies should have Title VII in place, no matter how many employees they have, because discrimination can happen anywhere. It doesn’t matter how small the company is, it matters what kind of people that company has working for them.
Should Race and Color Be Permissible Bona Fide Occupational Qualifications
According to Bona Fide Occupational Qualification Law & Legal Definition (n.d.), bona fide occupational qualifications (BFOQ) are employment qualifications that employers are allowed to consider while making decisions about hiring and firing of employees. The BFOQ should relate to essential job duties that are considered necessary for operation of a business. The BFOQ rule allows for the hiring of individuals based on race, sex, age, and national origin if these characteristics are BFOQ. BFOQ is an exception to Title VII of the Civil Rights Act of 1964, which protects employees from discrimination about religion, sex, age, national origin, and color at the workplace (Bona Fide Occupational Qualification Law & Legal Definition, n.d.). I think race and color should be permissible BFOQ because a company should hire people based on their qualifications not on their race or color.
According to Eisenhower (1959, March 13), “I believe that the United States as a government, if it is going to be true to its own founding documents, does have the job of working toward that time when there is no discrimination made on such inconsequential reason as race, color, or religion” (Eisenhower, 1959 March 13). In this paper I discussed a case that an employer argued BFOQ, should Title VII apply to every company regardless of number of employees, and that race and color should be permissible bona fide occupational qualifications.