Unformatted text preview: does not ask the male candidates this question.
Sarah says “It is a fact that women are the primary carers of children. This job requires shift work so the question is valid and directly related to being able to do the job. If I don’t ask the question then I may hire someone who cannot do the job…that is a bad outcome for everyone”
What do you think? Is Sarah in breach of EEO law? Answer
Yes, Sarah would be in breach of the law.
Asking a question to only some candidates based only on their sex is Disparate Treatment. Which is the practice of treating people differently based on immutable characteristics – in this case being female.
The basic principle is that a company must ask all candidates exactly the same questions to ensure fairness. Question
Wologarra is a government funded refuge for women escaping domestic violence in the home. The women are sheltered in the refuge and protected from the men they are escaping – they receive food, a bed and assistance finding longer term accommodation.
Wologarra has a policy not to hire men.
The refuge says “Our women have bad experiences of men; they fear men. To have men at the refuge is not acceptable… even though we know not all men are violent”
What do you think? Is Wologarra in breach of EEO law? Answer
No, Wologarra would not be in breach of the law.
There is something called a Bona Fide Occupational Qualification (BFOQ). This is where some specific jobs can only safely be done by people meeting certain characteristics. Being a female is a necessary qualification for working at Wologarra. Therefore, the law makes an exception.
Can you think of any other jobs which can only safely be done by certain types of people? Example
In Australia most mail is delivered by motorcycle.
For cost and environmental reasons the motorcycles used have small engines. They can only carry a rider who weighs a maximum of 90 kg.
This appears to be discrimination against heavy peopl...
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- Fall '13
- HARASSMENT, EEO law