Briefly discuss the difference between BFOQ and Business Necessity defenses.

Discussion Topic #1 Harassment in the Workplace

https://learn.umgc.edu/content/enforced/623951-005302-01-2222-OL1-6381/hr_video.mp4?_&d2lSessionVal=zlz8PLGhyjgoWrdcmhCngPdEz

This morning the Boss entered your office and told you that he wanted you to prepare a termination for an employee, John.  He said that he just found out that John was previously Jane and that this knowledge ate at the core of his religious beliefs and he would not tolerate such aberrant behavior in his organization.  As the HR Leader, what would you tell your Boss regarding this matter? And by the way, your Boss is the  CEO of the Church of Natural Theolog’s  Medical Clinic and John is a Licensed Nurse Practitioner for the Clinic and a lay minister in the Church.

You must substantively respond to colleagues. Use at least one HR/legal reference.

Here are a few references to get you going:

1. http://www.nolo.com/legal-encyclopedia/fighting-sexual-harassment-29532.html
2. https://www.nolo.com/legal-encyclopedia/same-sex-harassment-know-your-rights.html
3. https://www.eeoc.gov/eeoc/newsroom/wysk/lgbt_examples_decisions.cfm
4. SHRM Article on Avoiding LGBTQ Discrimination in your Benefits Program
5. SHRM Article on What Does the High Court’s LGBTQ Ruling Mean for Employee Benefits

Discussion Topic #2 Discrimination based on BFOQ & Business Necessity

https://youtu.be/LEb7tUySdkY

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

1. Briefly discuss the difference between BFOQ and Business Necessity defenses.
2. Locate one real life case 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?
3. Locate one real life case 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?

You must substantively respond to colleagues. Use at least one HR/legal reference and here are a few to get you started.

Here are some references for you to consider:

1. Definition of BFOQ from  https://www.law.cornell.edu/wex/bona_fide_occupational_qualification_(bfoq)
2. https://scholarship.law.edu/cgi/viewcontent.cgi?article=2259&context=lawreview
3. http://www.nolo.com/legal-encyclopedia/fighting-race-national-origin-discrimination-29672.html
4. http://www.nolo.com/legal-encyclopedia/reasonable-accommodation-religious-beliefs.html

**The links for both videos are under the questions. Please let me know if you have trouble accessing them