LEGL 2700 Lecture Notes - Lecture 20: Disparate Impact, Hijab, Fide
7 Feb 2018
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Civil rights act of 1964 - not supposed to discriminate against people based on 5 areas: Instead of filing a lawsuit first you are supposed to contact this government org. first (in the first 180 days/ 6 months). They will try to get evidence to substantiate the case and if it is true, then they will take on the lawsuit (also the lawyer aspect). Bona fide occupational qualification (bfoq: employer said that you are automatically disqualified for this job due to your (not race or color) religion, gender, and national origin. Business necessity defense: court will ask this. You must be abke to explain why this person must lift this much amount of weight or so. Requiring prospective employees to take a test: tests potentially raise issues for disparate mpact when the score shows it skewed according to race or gender. The disfavored one could say this is unfair. Now is it a business necessity: height and weight requirements:
