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30 December, 12:34

Which statement corresponds to this specific situation? Rowan owns a computer programming business with 15 employees. He is hiring a new employee, and he turns down a 45-year-old man because he is "too old to keep up with the rest of the group." O

a. Employer may legally discriminate because the law doesn't apply to this situation

b. Employer may legally discriminate based on BFOQ

c. Employer may legally discriminate based on number of employees

d. Employer may not legally discriminate closed principal

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Answers (2)
  1. 30 December, 13:29
    0
    b. Employer may legally discriminate based on BFOQ exception

    Explanation:

    The statement that corresponds to the situation should be that the Employer can legally discriminate base on BFOQ exception. BFOQ means Bona Fide Occupational Qualification and under the United States laws, discrimination against people based on their gender, age, race, national origin religion, is generally prohibited. It is important to state that there are exceptions to this BFOQ law which allows an employer to refuse to employ a person under certain circumstances, for example, the nature of the job may allow the employer not to employ an Applicant seeking for employment.

    Therefore, for an employer to reject employing an applicant, he must show that the situation at hand falls under the BFOQ exception, that is the BFOQ exception allows him to discriminate against the applicant. For example, where a doctor is required for a job in the hospital and pharmacist applied for the post, the employer is legally allowed to discriminate base on BFOQ exception.

    So from the situation presented, Rowan is not legally allowed to turn down a 45-year-old man who applies for the job because he is too old to keep up with the rest of the group. Rowan may reasonably believe that the 45-year-old man is too old to keep up with the rest of the group but to the court perspective, the nature of the job does not require a young person to perform so anybody of any age can apply and the 45-year-old man is qualified for the job then Rowan will be liable for discrimination base on BFOQ because there is nothing about the responsibilities of the job that the 45-year-old man can not do.
  2. 30 December, 13:53
    0
    d. Employer may not legally discriminate.

    Explanation:

    Rowan cannot legally discriminate the 45-year-old applicant for he is protected by the "Age Discrimination in Employment Act" (ADEA). This act particularly protects employees whose ages are 40 and above from being discriminated when it comes to being hired or promoted. This also extends to areas such as receiving benefits or compensations and other privileges.

    Additional Explanation

    The "Bona Fide Occupational Qualification" (BFOQ) gives the employers the ability to discriminate applicants according to their gender, religion and origin as long as the reason is "job-related." The only exception here is the "age."

    So, this explains the answer.
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