Re: SCOTUS rules in favor of Muslim woman in suit against Abercrombie and Fitch
Originally Posted by Hard Truth
"Title VII of the [1964 Civil Rights Act], ...prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin ..... Title VII applies to and covers an employer "who has fifteen (15) or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year" ... Title VII also prohibits discrimination against an individual because of his or her association with another individual of a particular race, color, religion, sex, or national origin, such as by an interracial marriage. The EEO Title VII has also been supplemented with legislation prohibiting pregnancy, age, and disability discrimination....
In very narrowly defined situations, an employer is permitted to discriminate on the basis of a protected trait where the trait is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of that particular business or enterprise. To prove the bona fide occupational qualifications defense, an employer must prove three elements: a direct relationship between the protected trait and the ability to perform the duties of the job, the BFOQ relates to the "essence" or "central mission of the employer's business", and there is no less-restrictive or reasonable alternative ..... The Bona Fide Occupational Qualification exception is an extremely narrow exception to the general prohibition of discrimination based on protected traits ..... An employer or customer's preference for an individual of a particular religion is not sufficient to establish a Bona Fide Occupational Qualification ...." Civil Rights Act of 1964 - Wikipedia, the free encyclopedia
Im not discriminating based upon her race or religion or anything else. I apply the same dress code to everyone.