Class Notes for 9-6 - Anna King 9.6.2007 HA 387 Class...

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Anna King 9.6.2007 HA 387 Class Notes: 9.6.2007 Adverse Impact: BFOQ- bona fide occupational qualification o Used when you are saying that you need someone in a protected class o Not a BFOQ to have men move tables That is business necessity (something neutral- “everyone who works here must be able to lift 100 pounds) o Use BFOQ when you are intentionally discriminating o Does not work for race or color o Lady to work in ladies locker room is a legitimate BFOQ o Used for three things: Privacy (locker room example) Authenticity Essence of the business o It is very limited-much harder to prove an BFOQ than a business necessity Sexual Harassment Sex is a protected class Vincent vs. Mariner Lady had sex with man 50-60 times in a two year period. She said it was a requirement of the job. When she stopped sleeping with him, he fired her. In 1986 we got a law that said that sexual harassment violated Title VII o Two kinds of sexual harassment Quid pro quo- “sleep with my or you’re fired.” Hostile Environment-
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Class Notes for 9-6 - Anna King 9.6.2007 HA 387 Class...

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