Provide 150 word APA formatted, and cited responses to the the 6 discussion post listed below.
(1. Marilyns Post:) I find the Bona Fied Occupation Qualifications (BFOQ) very interesting. I had not really given this any though in the past however this makes perfect sense to me as I read more about the BFOQ. An airtrafic controller is an example where hiring based on age is occurring. A person can not enter employment after the age of 30 and mandatory retirement is age 56 unless you are military.
The concept of Bona Fide Occupational Qualifications (“BFOQ”) allows employers to hire individuals based on their age, sex, race, national origin, or religion, if these specific qualifications are considered essential to the job, or considered vital to the business’ operation. Hiring employees with BFOQs may be considered a valid defense to Title VII of the Civil Rights Act of 1964, which has protected individuals from discrimination based such attributes for half a century. To explore this concept, consider the following Bona Fide Occupational Qualifications definition.
(2. Charles Houell Post)The cases surrounding BFOQ all stem from women who were denied the opportunity to be firefighters and police officers. The firefighter cases had to do with the fact that trainees had to be able to meet certain physical requirements in order to keep other firefighters and the public safe. I now see this playing out in the military in a reverse fashion because the military has softened its requirements applying them unevenly amongst men and women. I can not believe the recent female special forces grads got any favoritism.
(3.Marilyns Post) The Seciton 1981 is part of the Civil Rights Act 1866. Legal rights equally to all citizens including the right to contract and hold convey property in all states.
I find this very interesting as and did not know exists dating back to before the civil war. Times have changed through the years however looking back at how employment law evolved is important in today’s world affairs.
So what’s Section 1981 of the Civil Rights Act of 1866? Shortly after the Civil War ended, many Southern (and some Northern) states enacted the so-called “Black Codes” in protest of and to circumvent the recently enacted Thirteenth Amendment, which prohibited slavery. The Black Codes imposed onerous legal limitations on newly freed former slaves. In response, Congress enacted the Civil Rights Act of 1866, a law generally recognized as the United States’ first significant civil rights legislation. Section 1981 of that statute confers a series of legal rights equally to all citizens, including the right to contract and to hold and convey property, and states in part:….
ec. 1981. Equal rights under the law. 1981a. Damages in cases of intentional discrimination in employment 1983. Civil action for deprivation of rights. 1988. Proceedings in vindication of civil rights. Sec. 1981. Equal rights under the law (a) Statement of equal rights All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other. (b) "Make and enforce contracts" defined For purposes of this section, the term "make and enforce contracts" includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (c) Protection against impairment The rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law.
(4. Charles Question) Why is Sexual harassment so overlooked?
(5. Charles Question )Does a hostile work enviroment always have to do with some form of sexual harrassment?
(6. Daved Response )I don’t think officially I have ever been discriminated against and filled a complaint. I feel like being a disabled veteran made it more difficult to work in specific environments. Having limitations in order to complete certain tasks can be frustrating and feel like discrimination. However, its not, unless the employer told you specifically they were not hiring you for that position because of your limitations. However, everyone knows they are ways to get around it the discrimination factor and screening process. When I first left the Military I submitted over two hundred applications and receive two calls and one ending in an interview. Its frustrating to be over qualified and limited without a degree I feel discrimination everywhere I go when it comes to substantial gainful employment. I am personally hoping that will change this summer when I graduate with my BSB. Social Security Benefits is another topic I have felt discriminated against. I am 100% permanent and full disabled according to the Veterans Administration. However, SSI pays outside doctors to say different that working is possible for the individual. Two different branches of the government and they don’t agree with one another to pay benefits to our heroes who sacrificed all for your freedoms. Its ridiculous, I have been out five years and fought SSI three years they denied it went in front of a judge who immediately awarded the benefits. However, in order to make it I had to find some work so I was working so they owed back pay not reoccurring benefits. My medical problems were slowly evolving and needing attention from the strenuous work, so I stopped working to focus on medical and VA side, reapplied for SSI (think it be a given based of the judges previous ruling) how ever, they denied it saying I was young enough and educated enough to find some type of employment. I have never felt more discriminated against or been more frustrated with an agency. Two years later I go to court again 5 June, 17. I would imagine it will be quick and the judge will uphold the ruling of the previously awarded judge. Discrimination is tough, especially the patience and time for the change.