MT311-02_Unit 7_Case Analysis_Marjorie Bowden

MT311-02_Unit 7_Case Analysis_Marjorie Bowden - Bona Fide...

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BFOQ Page 1 of 3 Officers vs. Milwaukee County: BFOQ Marjorie Bowden MT311-02
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BFOQ Page 2 of 3 Milwaukee County implemented a policy that required a minimum of one officer of the same gender as the detainees housed at a unit to reduce the chances of sexual abuse by officers of the opposite gender. This policy reduced the need for female officers and increased the need for male officers. Two female officers sued Milwaukee County for gender discrimination. The courts held that the policy was based on BFOQ and not illegal gender discrimination. Under Title VII and other federal acts, employees cannot discriminate against an employer based on gender amongst other things. Classifying a job a gender specific is prohibited unless the employer can prove that gender is essential to the job, and employers cannot have separate gender seniority lists.
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Unformatted text preview: Bona Fide Occupational Qualifications (BFOQ) is a defense to employment discrimination when the employees gender is essential to the job. BFOQ is defined as identifiable characteristics reasonably necessary to the normal operation of a particular business. These characteristics can include gender, national origin, and religion, but it may not include race. In the case of Milwaukee County Juvenile Detention Center there was a valid defense of BFOQ. This policy was put into place to protect the juvenile detainees as well as the county, but it could also protect the officers within those units from the temptations of sexual abuse or from being falsely accused of such. BFOQ Page 3 of 3 References: Miller, R. L., & Jentz, G. A. (2008). Fundamentals of business law part I. Mason, OH: Cengage Learning....
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MT311-02_Unit 7_Case Analysis_Marjorie Bowden - Bona Fide...

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