Is there ever a time when an employer or prospective employer can distinguish between two employees or candidates based on sex, religion, age, etc.?
A. Yes, there certainly are cases where some of those are “bona fide occupational qualifications” for a job. For example, only men may qualify for male roles in a movie, and only men/boys of a certain age for the role of a teenage boy. It is acceptable for a kosher deli to require its butchers to be Jewish. However, race and color are never considered bona fide occupational qualifications. Note that requiring candidates for a job to meet certain qualifications is clearly an acceptable practice. However, the qualifications demanded must be demanded of all applicants; for example, a prospective employer cannot ask one candidate how fast s/he types, and hire a candidate to whom he has not asked the question. In addition, the qualifications must actually be necessary for the person to fulfill the requirements of the job, and they cannot discriminate against a particular group of people based on race, color, gender, etc. For example, a company hiring construction workers, who must be able t
Related Questions
- Is there ever a time when an employer or prospective employer can distinguish between two employees or candidates based on sex, religion, age, etc.?
- When employees resign -- or are discharged -- from a job, must the employer pay them for any accrued, unused vacation time?
- Are employees entitled to working notice and severance based on employers previous assurances?
