Asked by Sandra Feliciano on Jul 06, 2024
Verified
Surprise Arrival.Gracie was surprised and pleased to find she was pregnant.She worked as a waitress at Good Food and was aware that Groucho,her employer,had allowed employees who were ill for reasons that were not work related to take paid time off.For example,her friend Craig was off with pay for two months after suffering a mild heart attack,and her friend Bonnie was off work for three months when she ran her personal watercraft into a dock and broke her leg.Gracie told her employer Groucho about her pregnancy.He very angrily told her that pregnancy was completely voluntary,that he was not paying her a dime when she was off work,and that she would be lucky if he even allowed her to continue working at all because she would not be as cute when she gained weight.He also said that he serves families,and he does not want the kids to ask embarrassing questions of their parents regarding Gracie's condition.Gracie was very angry and threatened to sue.Groucho told her,however,that he had business law back in 1980 and that discrimination based on pregnancy is not even covered by Title VII.The employee handbook did not address the issue.What will be the likely result if Groucho defends on the basis that customers will object to Gracie's condition?
A) If he can prove that is true,then Groucho will prevail on the defense of bona fide occupational qualification.
B) Groucho will only prevail on a defense of bona fide occupational qualification if he can prove that he has an established history of barring pregnant servers and that he did not single out Gracie.
C) Groucho will only prevail on a defense of bona fide occupational qualification if he can establish that Gracie was attempting to voluntarily get pregnant.
D) Groucho will not prevail on a defense of bona fide occupational qualification because it is available in cases involving religion and national origin only.
E) Groucho will lose on a defense of bona fide occupational qualification because he will not be able to establish that only non-pregnant employees can perform as servers.
Bona Fide Occupational Qualification
A legitimate requirement for a particular job that allows for discrimination that is otherwise illegal when it is reasonably necessary to the normal operation of that particular business or enterprise.
Pregnancy-Based Discrimination
Unfair treatment or discrimination in the workplace based on pregnancy, childbirth, or related medical conditions, which is illegal under various laws.
- Gain insight into the entitlements of employees under diverse labor regulations encompassing COBRA, ERISA, and FMLA.
Verified Answer
NR
Norsafira RosliJul 09, 2024
Final Answer :
E
Explanation :
The bona fide occupational qualification (BFOQ)defense allows an employer to discriminate in hiring on the basis of sex,religion,or national origin (but not race or color)when doing so is necessary for the performance of the job,and employer arguments about customer preferences have not been persuasive in the courts.
Learning Objectives
- Gain insight into the entitlements of employees under diverse labor regulations encompassing COBRA, ERISA, and FMLA.