A bona fide occupational qualification - Essay Example

A bona fide occupational qualification is when an employer can determine an applicant or current worker’s qualification that is normally considereddiscrimination. For example a worker’s age can be taken into consideration when the job demands a certain physical qualification like bus drivers, pilots, and so forth. Accounting office seeks attractive female for receptionist position. While most clients might like an attractive female to be the receptionist, it is not a bona fide occupational qualification.

Being female and attractive does not directly pertain to the position. Flight attendants wanted. Must meet height and weight requirements. This is also not a bona fide occupational qualification. If the ad would have said something like ‘must be able to remain on feet for 8 hours’ that would have been a BFOQ qualification. Height and weight should not matter for most applicants. Theater audition: Young, black male actor to portray Malcolm X in play. This is a BFOQ because it calls for a representation of a black male.

Catholic school seeks 10th-grade science teacher. Must be Catholic. This is a BFOQ because religious schools are allowed to express their religion through their teachers. Designer taking applications for runway models. Must be at least 6 feet tall and weigh less than 125 pounds. This is a BFOQ because a designer can be looking for a certain type of model to wear their clothes. Assembly line worker wanted. Must have high school diploma. This is a BFOQ because most jobs require a high school diploma for maturity, safety, and knowledge in order to complete the job.

Chinese restaurant seeks waitperson. Must be native speaker of Mandarin Chinese. This is a BFOQ because a waitperson might need to speak both English and Mandarin Chinese to correctly interact with the customers and staff. Teresa wants to go to an online university, but she does not have a computer. She has been out of work and wants to spend as less money as possible to get ready for school. She sees an advertisement in the paper for a laptop at Computerland that costs $200, which is an incredibly low price for the computer.

Because she has been checking the newspaper daily, she knows the ad was just published, so she immediately goes to Computerland. When she gets to the store, the salesclerk tells her that Computerland has already sold out of the advertised computer and offers to show her a similar computer, which sells for a significantly higher price. Discuss the rights and obligations of Computerland with respect to advertised prices. Be sure to cite facts and legal principles from the text. Computerland would have to provide sales receipts and proof of the ‘advertised computer’ sale if Teresa decided to sue them for false advertising or even report them to the authorities.

If the proof can be provided, Computerland has the right to put the ad in the newspaper. Even if only one was sold, Computerland was truthful in the advertisement. Your employee, Tom Smith, believes women are treated as inferiors in the department where he works. He has complained to his supervisor, Doug Greer, who is also your employee, and he has also complained to the Equal Employment Opportunity Commission (EEOC). Greer is upset with Tom for involving the EEOC, and has responded by reducing Smith's salary and opportunities for overtime.

Does Smith have a case against your company? If so, describe his cause of action and what he must prove to recover. Yes Smith has a good case against my company. If he can prove his salary and overtime was cut after he went to the EEOC, Smith can make a case under the Whistleblower Protection Act that Greer is unfairly punishing him for reporting what Smith perceived were unfair actions against his coworkers. This action would be separate from the EEOC response and the women’s lawsuit against your company.

It is 1996. Barbara runs a bookkeeping service out of her home. She has had her own business for many years and has many clients. One of her clients, Pandoraa€™s Box, is a large department store, which is growing so fast that there is more and more work for Barbara to do. Eventually there is so much work for her that Barbara sheds all of her other clients and works exclusively for Pandoraa€™s Box. Barbara stops transporting boxes back and forth to her home, and Pandoraa€™s Box creates an office for Barbara in the storea€™s business office.

Pandoraa€™s hires a new manager, who is very overbearing and controls the details of Barbaraa€™s work. It is now 2010. Describe the nature of the employment relationship between Barbara and Pandoraa€™s Box in 1996 and in 2010. Has the employment relationship between the parties changed? Support your answer with facts and laws from the text. It is hard to determine the relationship between Barbara and Pandora. It would depend on the original contract signed, if Pandora hired her when she moved in her new office, or if she has her own company that is still intact.

More information is needed. Stu is creating a mass-mailing sales brochure to advertise his copier repair business. He is researching the Internet and finds the website of Billa€™s copier repair business, located down the street. Billa€™s website has some useful information that Stu thinks will improve his brochure. Stu copies the langiuage he wants from the website and pastes it into his brochure before e-mailing the brochure to the printer. A week after the brochures are mailed, Stu receives a letter from Billa€™s attorney demanding that he cease using the language from Billa€™s website in his brochures.

Discuss Stua€™s rights and obligations in this matter, and provide facts and laws from the text to support your conclusions. Stu plagiarized. He is lucky to be receiving a cease letter instead of a lawsuit. By copying someone’s ‘language’ word for word and pasting it on his flyer Stu stole. Words and ideas are copyrighted under Intellectual Property laws and DRM laws.