Is discrimination in Publications Prohibited?
It is an unlawful employment practice for an employer, union, employment agency or labor-management training committee to publish any notice or advertisement that indicates any preference, limitation, specification or discrimination with respect of a protected class. However, it is not unlawful if based on religion, sex or national origin if it is a bona fide occupational qualification for employment. For Cause Defense to a Discrimination Claim An employer may prevail in overcoming a prima facie case of discrimination by showing the court that it had good cause or a legitimate non-discriminatory reason for its action. For example, an employer may off set an employee alleging a discriminatory firing by proving the employee was in fact fired other legitimate reasons. The Civil Rights Act of 1991 provides that an unlawful employment practice is established where an employee has shown that a discriminatory motive was involved in an employer`s decision, even though other nondiscriminatory f
