discussion

39639.1) RWQ #1 Discrimination based on BFOQ & Business Necessity

BFOQ’s and “business necessity” sometimes serve as exceptions to the rule that you cannot discriminate in employment decisions.

.a) Briefly discuss the difference between BFOQ and Business Necessity defenses.

Be sure to explain BFOQ and, separately, Business Necessity. I am personally amazed at how many HR professionals of < 10 years experience don't know the term BFOQ or the meaning of its expanded phase in HR practice. Be sure you know it. 1 short paragraph only.
.b) Locate one real life case of your choice from a court or other tribunal where a BFOQ argument carried the day–or did not. Summarize the case. Do you agree or not with the decision? Why or why not? 1 short paragraph only.

.c) Locate one real life case of your choice where the argument "business necessity" carried the day – or did not. Summarize the case. Do you agree or not with the decision? Why or why not? 1 short paragraph only.

Here are a few references to get you going:

How to Report Sexual Harassment
Same-Sex Harassment: Know Your Rights
Examples of Court Decisions Supporting Coverage of LGBT-Related Discrimination Under Title VII
SHRM Article on Avoiding LGBTQ Discrimination in your Benefits Program
SHRM Article on What Does the High Court's LGBTQ Ruling Mean for Employee Benefits