BLAW 308 Lecture Notes - Lecture 25: Employee Retirement Income Security Act
Document Summary
Good motive to fire someone and a bad motive. Under title 7, if you"re dealing w those protected classes and have a good motive, the employee will win the case solely bc there"s discrimination. Seniority : they"re the ones hired, promoted, not fired. Seniority almost always trumps, but in order for it to, you have to enforce seniority rules without exception. In unions seniority is a contractual right. Bona fide occupational qualification: sex, religion, national origin, age, and disability. Will not be required if it imposes an undue hardship on the employer religion or gender for teachers or clergy members. Ministerial exemption : religious school, you can require that they be of the same. Can require all employees to be of that religion but can"t discriminate against gender for regular employees that are not involved w the clergy(like a janitor)
