In hiring a prospective employee, there are legitimate reasons for not hiring someone. For example, the prospective employee may not meet legal requirements (i.e., he or she is a minor and cannot complete the tasks of the job based on the young age) or positional requirements (i.e., he or she does not have the required experience or education for the position and the employer demonstrates this requirement as a business necessity).
Neither of these examples is discrimination. However, there are protected classes that cannot be discriminated against. Title VII provides five protected classes that cannot be discriminated against. For review of the protected classes, see page IV of this week's module. However, Title VII only applies to companies with 15 employees or more.
Further, the bona fide occupational qualification ("BFOQ") can be argued as a reason for discrimination by the employer, even of the protected classes. Importantly, though, is that race and color (two of the five protected classes under Title VII) are not on the list of permissible BFOQs.
Should Title VII apply to every company, regardless of number of employees?
Should race and color be permissible bona fide occupational qualifications or should the BFOQ exceptions to employment discrimination be removed completely?
In answering these questions, be sure to consider the effect on the business world and on society generally. Clearly summarize lessons learned from the week as they apply to your researched case. Identify new thoughts or ideas based on the module information and identify any related ethical issues.