Case Briefs- Civil and Constitutional Law Part 2

In defining its parameters the supreme court

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Unformatted text preview: ed on race, color, religion, sex and national origin. (The Civil Rights Act of 1991 (Pub. L. 102- 166) (CRA) amends several sections of Title VII.) An employer may discriminate on the basis of religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.” The exception, however, is generally applied narrowly. In defining its parameters, the Supreme Court explained, “The wording of the bona find occupational qualification defense contains several terms of restriction that indicate that the exception reaches only special situations. The statute thus limits the situations in which discrimination is permissible to certain instances where sex discrimination is “reasonably necessary” to the “normal operation” of the “particular” business. Each one of these terms – certain, normal, particular – prevents the use of general subjective standards and favors an objective, verifiable requirement. But the most telling term is ‘occupational;’ this indicates that these objective, verifiable requirements must concern job- related skills and aptitudes.” The Supreme Court stated flatly, “Women who are either pregnant or potentially pregnant must be treated like others similar in their ability to work. In other words, women as capable of doing their jobs as their male counterparts may not be forced to choose between having a child and having a job.” Thus the Supreme Court reversed the decision and remanded the matter for further proceedings. Reasoning: The US Supreme Court held that the aforementioned assumption was incorrect – thus, the business necessity test was inapplicab...
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