L03 Overview

In this lesson, we review the application and selection process and what can result in violations of laws despite good intentions. Examples will include methods of recruitment that restrict access based on protected class characteristics (including what defines protected classes), limitations on inquiries concerning medical conditions, and the controversies surrounding employer access to and reliance on social media activity.

We will also review problems that can arise based on employer promises, resulting in breaches of implied or written contracts, and employee misrepresentation of qualification or credentials.

The complex areas of bona fide occupational qualifications (BFOQ), methods of establishing disparate or unequal treatment, and disparate treatment, including reliance on subjective criteria. A point for emphasis is that a BFOQ can never involve a preference based on race.

We will also review affirmative actions programs (AAPS) in terms of what an employer must do to establish a plan that conforms with Title VII and the myriad challenges that can result.

Again, the focus is on preemployment practices and considerations.

Learning Objectives

At the end of this lesson, you will be able to:

• Explain BFOQ (bona fide occupational qualification) status and requirements
• Evaluate discrimination issues that arise from recruiting processes
• Analyze the validity of affirmative action programs

Reading and Activities

Check the Course Schedule for specific details on what to read this week.