Module - Home

Marginalized Groups, Bona Fide Occupational Qualifications, and HR Law

Modular Learning Outcomes

Upon successful completion of this module, the student will be able to satisfy the following outcomes:

•Case ?Evaluate the role of HR when dealing with marginalized groups.

•SLP ?Create an action plan for dealing with challenging bona fide occupational qualifications.

•Discussion ?Discuss a controversial HR Law and its implications.

Module Overview

This module will focus on marginalized groups, bona fide occupational qualifications, and HR Law.

Module - Background

Marginalized Groups, Bona Fide Occupational Qualifications, and HR Law

Required Reading

Bhopal, Kalwant. (2010). Gender, identity and experience: Researching marginalised groups. Women's Studies International Forum, ISSN 0277-5395, Volume 33, Issue 3, pp. 188-195.

Baur, Vivianne E; Abma, Tineke A; Widdershoven, Guy A.M. (2010). Participation of marginalized groups in evaluation: Mission impossible? Evaluation and Program Planning, ISSN 0149-7189, Evaluation and Program Planning, Volume 33, Issue 3, pp. 238-245.

Neuendorf, Kimberly A; Skalski, Paul D; Jeffres, Leo W; Atkin, David.(2014). Senses of humor, media use, and opinions about the treatment of marginalized groups. International Journal of Intercultural Relations, ISSN 0147-1767, Volume 42, pp. 65-76.

Derry, Robbin. (2012). Reclaiming Marginalized Stakeholders. Journal of Business Ethics, ISSN 0167-4544, Volume 111, Issue 2, pp. 253-264.

Monahan, Camille. (2013). The Failure of the Bona Fide Occupational Qualification in Cross-Gender Prison Guard Cases: A Problem beyond Equal Employment Opportunity. Hypatia, ISSN 0887-5367, 02/2013, Volume 28, Issue 1, pp. 101-121.

Shaman, Jeffrey M. (1971). Toward defining and abolishing the bona fide occupational qualification based on class status. Labor law journal, ISSN 0023-6586, Volume 22, Issue 6, pp. 332-341.

Lucken, K., & Ponte, L. M. (2008). A Just Measure of Forgiveness: Reforming Occupational Licensing Regulations for Ex-Offenders Using BFOQ Analysis. Law & Policy, ISSN 0265-8240, Volume 30, Issue 1, pp. 46-72.

Berman, Jillian B. (2000). Defining the "Essence of the Business": An Analysis of Title VII's Privacy BFOQ after Johnson Controls. The University of Chicago Law Review, ISSN 0041-9494, Volume 67, Issue 3, pp. 749-775.

Use Google Scholar to locate a case relating to the following topic, then discuss the details of the case.

COBRA Benefits are required for employers with 20 or more employees who are subject to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). COBRA allows the employee to maintain their insurance coverage at the employer's group rates for a period of up to 18 months. This coverage applies to former employees, former employee spouses, dependent children and retirees.

To access Google Scholar:

1.Go to http://scholar.google.com/

2.Click on Case law.

3.Type in your topic.

4.Click on the search button.

Module - SLP

Marginalized Groups, Bona Fide Occupational Qualifications, and HR Law Bona Fide Occupational Qualifications

The word bona fide is of Latin origin and means in good faith. Bona Fide Occupational Qualifications (BFOQ) is an employment practice that would allow discrimination as to certain individuals of a particular religion, gender, national origin, or age range (but not race or color) when the discrimination is necessary for the normal performance of the duties of that particular occupation. Based on the Dothard v. Rawlinson (1977) Supreme Court case outcome, women can be excluded from jobs as prison guards in an all-male, maximum-security prison because of the assault possibilities and the security risks posed for other guards and inmates.

For example, a designer of women's clothes by necessity is permitted to hire only female models to show off new designs. Such practices are not illegal under federal law. In addition, religious organizations and universities are allowed to hire only members of that religion even if religion is not a bona fide occupational qualification for that position.

SLP Assignment

Describe bona fide occupational qualifications (BFOQ) and then write a persuasive paper where you argue for or against using BFOQ in the military. Please use research to justify your response.

SLP Assignment Expectations

Your paper should be short (2-3 pages, not including the cover sheet, references, and assessment sheet) and to the point. You are expected to deal with these issues in an integrated fashion, rather than treating them as a series of individual questions to be answered one by one and left at that.

Module - Case

Marginalized Groups, Bona Fide Occupational Qualifications, and HR Law

Assignment Overview

Marginalized Groups

It is important to mention that there are several other marginalized groups in the workforce. Some examples are disabled individuals; gays, lesbians and transgender individuals; pregnant women; individuals from different countries and cultures; and individuals who are serving in the military. Ultimately, the workforce is becoming more diverse which helps organizations in a number of ways such as: (1) An understanding and appreciation for all people, (2) Different perspectives and ideas, and (3) Better relationships with clients and/or customers. As such, there are a number of different laws and agencies to protect marginalized groups from disparate treatment. Disparate treatment occurs when members of a group are treated differently from others. Some examples of these laws and agencies are:

•Civil Rights Act 1964 and 1991

•Equal Employment Opportunity Commission (EEOC)

•Executive Orders 11246, 11375, and 11478

•Civil Rights Act 1991

•Affirmative Action Plan (AAP)

•Americans with Disabilities Act (ADA)

•Age Discrimination in Employment ACT (ADEA)

•Older Workers Benefit Protection Act (OWBPA)

•Immigration Reform and Control Acts (IRCA)

•Vietnam Era Veterans Readjustment Assistance Act (1974)

•Uniformed Services Employment and Reemployment Rights Act (USERRA) (1994)

•Pregnancy Discrimination Act (PDA) (1978)

•Family and Medical Leave Act (FMLA) (1993)

•Genetic Information Nondiscrimination Act (GINA)

Case Assignment

Drawing on the material in the background readings and doing additional research, please prepare a 2- to 4-page paper (not including the cover and reference pages) in which you:

•Research three different laws mentioned above and discuss how each of the three laws have helped you and/or your colleagues.

•Which law do you think is the most helpful for employees at your organization? Discuss why.

•As an HR manager, discuss how you would deal with a middle manager who is accused of disparate treatment.

Assignment Expectations

Your paper will be evaluated on the following points:

•Precision: Does the paper address the question(s) or task(s)?

•Clarity: Is the writing clear and are the concepts articulated properly? Are paraphrasing and synthesis of concepts the primary means of response to the questions, or are excessive use of quotations how thoughts are conveyed? Are headings included in all papers greater than 2 pages?

•Breadth: Is the full breadth of the subject addressed?

•Depth: Does the paper address the topic in sufficient depth?

•Grammar, spelling, and vocabulary: Is the paper well written? Are the grammar, spelling, and vocabulary suitable to graduate-level work?

•Referencing (citations and references): Does the paper use citations and quotation marks when appropriate?

•Critical thinking: Is the subject thought about critically, (i.e., accurately, logically, relevantly, and precisely)?