Which of the following can never be a bona fide occupational qualification quizlet?

Fabulous Fitness for Life ("FFL") is a partnership comprised of four partners. This partnership owns and operates a fitness center/gym. Partner A is at a trade show and sees a great deal on a set of workout equipment. Without consulting the other 3 partners, Partner A signs on the dotted line for FFL to purchase the equipment for $40,000 with payment due 30 days after delivery. When the equipment arrives the following week, Partner A is the only partner on-site. Thrilled with his new purchase, he signs the required paperwork and takes delivery of the equipment. When the $40,000 bill arrives the following month, Partner B (who handles the finances) immediately calls a meeting of the partners to find out what's going on. Partner A apologizes that he forgot to let them know about the new equipment purchase and tells them how pleased the customers are with the equipment upgrade. Unfortunately, FFL is on shaky financial ground and simply does not have the $40,000 to pay for this new equipment. In fact, it will likely have to close the business shortly for lack of funds.
If the equipment supplier sues for payment of the $40,000, is the partnership liable for this payment? Are the individual partners liable for this payment? If so, is each partner's personal liability limited to $10,000? Explain.

Java Joint, Inc. is a Delaware corporation owned by four brothers. The corporation owns a coffee shop in West Haven, Connecticut called Java Joint. To save money, the brothers handled the incorporation of Java Joint, Inc. by themselves without using a lawyer. They filed the Certificate of Incorporation with the Delaware Secretary of State and paid the necessary filing fees to form Java Joint, Inc. However, they have not adopted any organizational documents for the corporation, they have not elected directors of the corporation and they haven't appointed any officers. To save money on bank fees, they use one of the brother's personal bank account for the business. Lois Lender made a $10,000 loan to the corporation which is now in default. (The shareholders did not personally guarantee this loan.) The total balance due on the loan including unpaid interest is $13,500. In addition to suing the corporation, Lois is also suing each of the four brothers individually.
Under these circumstances, which of the following is true?

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Terms in this set (12)

Actions by an employer, either court-ordered or voluntary, that are designed to make up for past discrimination by hiring or promoting previously disadvantaged classes of workers

affirmative action

Employers may require that employees be of a certain religion, sex, or national origin where that requirement is made in good faith and goes to the essence of the business. Race and color cannot be BFOQs.

Bona Fide Occupational Qualifications (BFOQs)

A form of employment discrimination resulting from employer practices that appear to be neutral but that have a discriminatory impact on protected classes

disparate impact

A form of employment discrimination that results when an employer intentionally discriminates against employees who are members of protected classes.

disparate treatment

The common-law doctrine that allows employers to discharge an employee at any time and for any reason or for no reason. Courts have created exceptions for "bad reasons."

employment at will

Treating employees or job applicants unequally on the basis of race, color, national origin, religion, sex (gender), age, or disability; prohibited by federal statutes and many state statutes.

employment discrimination

Demands for sexual favors in return for job promotions or other benefits, or language or conduct so sexually offensive that it creates a hostile work environment, disadvantaging the employee on the basis of sex.

sexual harassment

Affirmative action in employment..

is a requirement of Title VII of the Civil Rights Act of 1964

is prohibited by Title VII of the Civil Rights Act of 1964

is a federal statute enacted by Congress

depends on the circumstances of each case for validity

depends on the circumstances of each case for validity

The Age Discrimination in Employment Act protects

most workers over 40

Federal laws barring discrimination against the handicapped and disabled..

apply to all disabilities

apply to most disabilities in private employment

apply to all disabilities in public employment

apply to most disabilities in public employment

apply to most disabilities in private employment

Under Title VII, a bona fide occupational qualification exception may never apply to cases involving

racial discrimination

The employment-at-will doctrine derives from

the common law..

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Which of the following can never be considered a bona fide occupational qualification?

Race and color, however, are never bona fide occupational qualifications. Bona fide occupational qualifications are present in other federal statutes as well. The Age Discrimination in Employment Act (ADEA) was enacted to prevent age discrimination in the workplace.

What qualifies as a bona fide occupational qualification?

What Is a Bona Fide Occupational Qualification? A bona fide occupational qualification (BFOQ) is a legally allowed restriction of hiring and employing a person based on their sex, religion, or national origin.

Which of the following is an example of a bona fide occupational qualification?

Examples of Bona Fide Occupational Qualifications Title VII permits religious organizations to hire and employ people on the basis of religion. A theater hiring performers for male roles may exclude female applicants from consideration. Setting a mandatory retirement age for airline pilots.

Which of the following is an improper application of a bona fide occupational qualification quizlet?

Which of the following is an improper application of a bona fide occupational qualification (BFOQ)? It requires an employer to hire and retain an individual alleging a disability regardless of his or her qualification for the job.