· SUBJECT: EEOC COMPLIANCE MANUAL PURPOSE: This transmittal covers the issuance of Section 2 of the new Compliance Manual on "Threshold Issues." The section provides guidance and instructions for investigating and analyzing coverage, timeliness, and other threshold issues that are generally addressed when a charge is first filed with the EEOC. bona fide occupational qualifications. III - Harassment analysis, including religious belief or practice as a condition of employment or advancement, hostile work environment, and employer liability issues. IV - Reasonable accommodation analysis, including notice of the conflict between religion and work, scope of the accommodation. · The EEOC has long recognized the possibility of a sex-based BFOQ premised on the privacy interests of individuals who are institutionalized or infirm. See EEOC, Compliance Manual § , Bona Fide Occupational Qualifications, at §§(b), (); Informal Discussion Letter, EEOC Office of Legal Counsel, "Title VII BFOQ" (March 5,
Specific exceptions are provided in §(e) for religion, sex, or national origin if there is a BFOQ reasonably necessary for the normal operation of a particular business or enterprise. (See §, Bona Fide Occupational Qualifications and §(b)(1).) In handling cases where sex is alleged to be a BFOQ and employment agencies are involved, the EOS should look to the Sex Discrimination Guidelines, 29 C.F.R. §(b). That exception, called the bona fide occupational qualification (BFOQ), recognizes that in some extremely rare instances a person's sex, religion, or national origin may be reasonably necessary to carrying out a particular job function in the normal operation of an employer's [2] business or enterprise. The protected class of race is not included in the statutory exception and clearly cannot, under any circumstances, be considered a BFOQ for any job. The EEOC has long recognized the possibility of a sex-based BFOQ premised on the privacy interests of individuals who are institutionalized or infirm. See EEOC, Compliance Manual § , Bona Fide Occupational Qualifications, at §§(b), (); Informal Discussion Letter, EEOC Office of Legal Counsel, "Title VII BFOQ" (March 5,
2 thg 1, That exception, called the bona fide occupational qualification (BFOQ), recognizes that in some extremely rare instances a person's sex. P. Bona Fide Occupational Qualification. Employment Discrimination Claims and the Administrative Remedies Process (EEO) Chapter of the SourceBook. Within that law is a statutory provision titled CM Bona Fide Occupational Qualifications, which contains an exception to Title VII's “prohibition of.
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