Tag: BFOQ

pregnant

Liability for Employer Who Can’t ‘Have a Big Fat Pregnant Woman Working’ at His Restaurant

Employers must take care to create and implement neutral policies that don’t discriminate against women on the basis of pregnancy. Could you differentiate between a neutral policy and a policy that appears neutral but actually has a disparate impact on pregnant employees? And is a facially discriminatory policy against a pregnant woman—i.e., a policy that’s explicitly discriminatory—ever permissible?

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Stop Asking These Interview Questions in the Name of the Law

The unfortunate truth is that the moment your candidate comes in for an interview, you are already at risk of making an illegal and costly blunder. Preemployment inquiries are regulated by a series of employment laws; despite this, a number of illegal questions are asked every year. For example, the Americans with Disabilities Act expressly […]

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Age, sex, and sports media

Sports reporter Colleen Dominguez is 54 years old and has enjoyed a successful career in sports journalism including a lengthy stint at ESPN. Dominguez recently jumped to Fox Sports 1 and believes her age and gender are the only plausible reasons that FS1 has cut her broadcasting assignments and diminished her career. These are her allegations in […]

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Preemployment Inquiries: The Good, the Bad, and the Ugly

When a company first meets with a prospective candidate, it’s not just the interviewee who needs to be on his or her toes. Interviewers must be careful to ask the right questions, not just to ensure they’re making the right hire but also to avoid legal entanglements.

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BFOQ FTW

YOU are a seasoned HR pro.  YOU understand the difference between Internet slang–omg, imho, lmao–and the Title VII defense of BFOQ.  We must discuss the BFOQ exception–bona fide occupational qualification–in the wake of the Abu Dhabi adventures of actress, singer, and ex-Biebs girl Selena Gomez.  ICYMI (see what I did there?), a picture surfaced of […]

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EEOC Issues Extensive—and Helpful—Q&A on Pregnant Employees

On July 14 the Equal Employment Opportunity Commission (EEOC) issued enforcement guidance on pregnancy discrimination accompanied by an extensive and practical Q&A. The new guidance, the first to address pregnancy discrimination since 1983, focuses on how the 2008 amendments to the Americans with Disabilities Act (ADA) may apply to employees with pregnancy-related disabilities. Is EEOC […]

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