Was the Secretary of Labor's determination on economic ...

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Was the Secretary of Labor's determination on economic feasibility supported by substantial evidence?

Question 2

Which of the following employers has violated VII?
 a. Carlos promoted the most qualified employee.
  b. Hans promoted five white males because they were the most senior.
  c. Luke refused to hire a Buddhist to work on a Christian Science newspaper.
  d. Max hired a male corporate lawyer because his clients had more confidence in male lawyers.
  e. Dylan refused to hire a woman to work as an attendant in the men's locker room.

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Answer to Question 1

Yes. An economic feasibility analysis must be conducted by OSHA under the to the extent feasible language of Section 6(b)(5). Under Section 6(f) of the Act, the determinations of the Secretary (OSHA) shall be conclusive if supported by substantial evidence in the record considered as a whole. The record disclosed that OSHA derived a cost estimate for the industry by reviewing two consulting reports, one contracted for by OSHA, the other by the industry. OSHA made specific findings with respect to the economic impact on employment, energy consumption, financing, and profitability and relied on the industry's study to support its findings.

Answer to Question 2

.D

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TYSM

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