CURRENT ISSUE ESSAY

735 Words2 Pages

Introduction
One of the most difficult tasks in business today is making the right choices and decisions regarding employment. These decisions as examined by the text Employment Law for Human Resource Practice are not as cut and dry, as they might seem on the surface. All employment decision have consequences, most are favorable to the company. However, there are instances, where these decisions can be detrimental to the organization; if the company representatives are not versed in proper employment compliance standards.
Case Condition
In recent years, the North Carolina Department of Motor Vehicle in conjunction with the Department of Public Instructions have been working on developing a set of physical standards for bus drivers that address weight and size requirements. This policy on the surface seems to have validity as it pertains to the safety of the passengers who in this case, are school age students. According to the definition of Bona Fide Occupational Qualifications (BFOQ) section of the Title VII, “if an employer can show that a particular protected class characteristics (e.g. male) is a bona fide occupational requirement for the job in question, the facially discriminatory requirement is legal” Walsh, D. (2012). In language similar to the Age Discrimination in Employment Act gives a definition of the BBOQ defense “It shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retra...

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...rolina and the Department of Motor Vehicles will have an uphill battle but as long the intentions are founded based on student safety, it will be a winnable case but a public perception nightmare for some years to come.

References
Deschenaux , J. (2010, June 7). Hooters sued for weight discrimination. Retrieved from http://www.shrm.org/LegalIssues/StateandLocalResources/Pages/HootersSued.aspx
School Bus Safety Mandates. (n.d.). - American School Bus Council. Retrieved April 27, 2014, from http://www.americanschoolbuscouncil.org/love-the-bus/educators-toolkit/school-bus-safety-mandates
US Legal (2014). Bona fide occupational qualification law & legal definition. Retrieved from http://definitions.uslegal.com/b/bona-fide-occupational-qualification/
Walsh, D. (2012). Employment law for human resource practice. (4 ed.). Macon: South-Western Legal Studies in Business.

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