Business Law – Essay Example

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Gender discrimination is the discriminating against an employee because of their fact of being male or female. Discrimination itself can come in many forms and for many reasons, from religion to sexual preference. Gender discrimination can come in one of two types of sex discrimination, those being sexual harassment and differential treatment (Miller, R. L., & Jentz, G. A. ,2007) . In this case analysis we will focus on differential treatment.
A bona fide occupation qualification is a factor that determines that a select gender is required for an employment position. The Plaintiffs in this case felt she was being discriminated against when the Detention Center decided it needed to staff each unit of the facility with a same sex employee to reduce the chances of sexual abuse of juveniles by officers. The policy was put in place for the safety of the detainees and to reduce the company’s risk factors.
The two female officers felt this was gender discrimination due to the policy reducing the number of female officer shifts. It was ruled this was a bona fide occupation qualification by the district court.
Bona fide occupation qualifications do not necessarily just refer to gender. A BFOQ is put in place to reduce risk, to meet the needs of a company and they also take into consideration the necessity of the policy. Though the two women have the right to appeal I feel in this instance that this was fair policy for the detention center. It was made policy without consideration of the effect it would have on shifts relating to gender and the situation can be reversed with the population of the detention center, therefore it is not discriminating.
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References
Miller, R. L., & Jentz, G. A. (2007). Fundamentals of business law: summarized cases. Mason, OH: Thomson West.