Author Question: How can age be a BFOQ? Provide specific examples in your answer. What will be an ideal ... (Read 118 times)

cnetterville · **on:** Jul 7, 2018

How can age be a BFOQ? Provide specific examples in your answer.

What will be an ideal response?

Question 2

The Uniform Guidelines provide a single set of principles to assist employers in complying with federal prohibitions against discriminatory employment practices.

Indicate whether this statement is true or false.

Dnite · **Reply #1 on:** Jul 7, 2018

Answer to Question 1

Answer: Age can actually be a bona fide occupational qualification when it is reasonably necessary to the essence of the business, and the employer has a rational or factual basis for believing that all, or substantially all, people within an age class would not be able to perform satisfactorily. Courts have continued to rule that the Federal Aviation Administration adequately explained its longstanding rule that it can force commercial pilots to retire at age 60. However, in 2007, the retirement age for commercial pilots was raised to 65. The courts also supported the decision that Greyhound did not violate the ADEA when it refused to hire persons 35 years of age or older as intercity bus drivers. Again, the likelihood of risk or harm to its passengers was involved. Greyhound presented evidence concerning degenerative physical and sensory changes that humans undergo at about age 35 that have a detrimental effect on driving skills, and that the changes are not detectable by physical tests.

Answer to Question 2

Answer: TRUE