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Free EssaysLaw CategoryEmployment LawBuy an essay
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Bona Fide Occupational Qualification (BFOQ) is a definite set of characteristics that are practically necessary for the standard operation of a business or job performance; they are qualities that employees can consider in the hiring and retention of employees. Some of the characteristics are gender, age, national origin/ancestry and religion. Race is not one of the characteristics. In utilizing characteristics, the employer is obligated to show that these qualifications are necessary and reasonable. For example, pilots may be required to retire at a mandatory age for safety reasons.

The purpose of the National Glass Ceiling Commission is to research, advocate and educate corporate decision-makers on issues of workplace bias and unconscious glass ceilings. They provide unbiased reflection on current organizational practices and make recommendations to the organizational leaders. The commission is mandated with measuring the extent to which women and colored people are utilized in organizations. It ensures that corporate decision makers adhere to fair hiring rules and professional development practices. The main of the panel of experts is to remove any fair hiring and professional development barriers and increase equality practices in organizations (What We Do).

The Privacy Act is a law in the United States that establishes a system of fair information practice in the collection, use, maintenance, and dissemination of individuals’ identity information maintained by any federal agency. Federal agencies are required by the Act to issue a public notice of their record systems by publishing them in the Federal Register. No information on individuals should be disclosed without their written consent, unless the purpose falls under the twelve statutory exceptions including law enforcement purposes and congressional investigations. This Act protects all citizens of United States from unlawful access of their information by government agencies and non-government entities.

The requirements of an affirmative action plan are equal employment opportunity responsibilities, workforce analysis, and identification of problem areas, internal audit and reporting systems, measures to enable implementation of the plan and policy, and disabled persons plan. Other requirements include goals and objectives, procedures for diffusion of policy and plan and a timetable for their completion.  These requirements are broken into specifics. For example, a workforce analysis would involve employee’s availability and utilization. In addition, an audit will involve assessment of affirmative action plan, the supporting documentation and review of labor force analysis.

Racial minorities and women have benefited from proper application of affirmative action policies. Historical injustice of their exclusion has been reduced to a great extent. There has been numerous numbers of cases where perpetrators of discrimination on the basis of gender, race and color have been charged, fined and imprisoned. Gender balance and race diversity in America remains a significant goal of various commissions and civil rights groups. More persons of color and women are now in the labor force (Elson, 1999). Organizations in the United States are required to develop affirmative action plans. These plans have promoted the hiring and career development of qualified persons. They have not been purposed to solicit benefits for unqualified persons. Organized efforts have succeeded in modification of hiring, training, contracting, recruitment, promotion and firing policies. The result is a reduction of a perceived feeling of under-representation.

Marcus Bradbury insults Reggie Kelly with his statements. They have a discrimination tone. Discrimination here is implied and not expressed. Marcus also intends to dismiss him from possible employment on the basis of color. He has violated Bona Fide Occupational Qualification (BFOQ) requirements. Kelly, or an agency representing him, should file a complaint with the Equal Employment Opportunity Commission (EEOC) within 180 days from the date of the incident, or within 300 days if the charge is covered by local law. I would advise Kelly to file the complaint as soon as possible.

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