Employment Discrimination Case Study

Employment Discrimination

To discriminate against someone means to treat that person differently, or less favorably, for some reason. Discrimination can occur while you are at school, at work, or in a public place, such as a mall or a restaurant. You can be discriminated against by school friends, teachers, coaches, co-workers, managers, or business owners. The discrimination can come in different forms such as harassment, unfair treatment due to age, race, sex, color, or religion and discrimination can be a form of retaliation towards the employer. With all these situations, there are laws that enforce the federal laws against job discrimination and harassment which fall under title VII of the Civil Rights Act of 1964 and is enforced by Equal

This case relates to the practice of the employer not allowing women of child bearing age to be part of certain jobs. The women applicants argued that this practice of the organization is sex discrimination under Title VII (Justia US Supreme Court, 1991). On the other hand the employer (Johnson Controls) argued that its fetal protection policy was a bona fide occupational qualification (BFOQ) for the job as the job posed risk to fertile

The limitation in the number of employees for the regulation to be applicable itself serves as discrimination between firms. So, this act should be applicable also to the firms employing less than 15 employees. In my opinion, race and color should not be permissible bona fide occupational qualification, because I believe that a person 's race or color doesn’t affect his/her capabilities to perform a job efficiently and certainly there are no such jobs which requires a person to be of a certain race or color which is very much essential to perform that job.

The BFOQ exceptions to employment discrimination should not be removed completely, because there are certain jobs which require some special conditions to be satisfied, in the absence of which the job cannot be performed. If the BFOQ exceptions are removed all together the employers will not be legally capable of choosing the right person having all the required qualifications and characteristics that are essential for the job to be performed efficiently and this will lead to many illegal activities in the