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Discrimination and the Bona Fide Occupational Qualification

Published:August 03, 2020DOI:https://doi.org/10.1016/j.amj.2020.07.008
      There is a conversation going on today about race that has drawn attention to the inequalities and discrimination that many people did not see or were unwilling to see. The question explored today is if the systemic racism demonstrated on the streets mirrors the US workplace. A national survey conducted by the Pew Research Center found that blacks are more likely than whites to say black people are treated less fairly in the workplace (a difference of 42 percentage points).

      On views of race and inequality, blacks and whites are worlds apart. Available at:https://www.pewsocialtrends.org/2016/06/27/on-views-of-race-and-inequality-blacks-and-whites-are-worlds-apart/. Accessed July 13, 2020.

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      References

      1. On views of race and inequality, blacks and whites are worlds apart. Available at:https://www.pewsocialtrends.org/2016/06/27/on-views-of-race-and-inequality-blacks-and-whites-are-worlds-apart/. Accessed July 13, 2020.

      2. Definition of protected class. Available at:https://content.next.westlaw.com/5-501-5857?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1. Accessed July 13, 2020.

      3. Housing discrimination under the Fair Housing Act. Available at:https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview. Accessed July 13, 2020.

      4. Bona Fide Occupational Qualification, 42 U.S. Code § 2000e-2. Available at:https://www.law.cornell.edu/wex/bona_fide_occupational_qualification_(bfoq). Accessed July 13, 2020.

      5. Protecting workers from wrongful employment practices, The Spiggle Law Firm. Available at:https://www.spigglelaw.com/employment-blog/discrimination-how-and-why-can-it-be-legal/. Accessed July 13, 2020.

      6. 14 C.F.R. § 121.383(c).

      7. Part 121 Pilot Age Limit, Federal Register. Available at:https://www.federalregister.gov/documents/2009/07/15/E9-16777/part-121-pilot-age-limit. Accessed July 13, 2020.

      8. Matter of Schor v St. Francis Hospital, 111 AD 2d 852 (1985)

      9. Burka v NYC Transit Authority, 680 F Supp 590 (1988, SD NY).

      10. Title VII of the Civil Rights Act of 1964. Available at:https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964. Accessed July 13, 2020.

      11. The Pregnancy Discrimination Act of 1978. Available at:https://www.eeoc.gov/statutes/pregnancy-discrimination-act-1978. Accessed July 13, 2020.

      12. The Equal Pay Act of 1963. Available at:https://www.eeoc.gov/statutes/equal-pay-act-1963. Accessed July 13, 2020.

      13. The Age Discrimination in Employment Act of 1967. Available at:https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967. Accessed July 13, 2020.

      14. The Rehabilitation Act of 1973, Sections 501 and 505. Available at:https://www.eeoc.gov/statutes/rehabilitation-act-1973. July 13, 2020.

      15. The Genetic Information Nondiscrimination Act of 2008. Available at:https://www.eeoc.gov/statutes/genetic-information-nondiscrimination-act-2008. Accessed July 13, 2020.

      16. EEOC releases fiscal year 2019 enforcement and litigation data. Available at:https://www.eeoc.gov/newsroom/eeoc-releases-fiscal-year-2019-enforcement-and-litigation-data. Accessed July 13, 2020.

      Biography

      John R. Clark, JD, MBA, NRP, FP-C, CCP-C, CMTE, is the chief operating officer of the International Board of Specialty Certification and legal advisor for the International Association of Flight and Critical Care Paramedics.