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Criminal Justice - What Is the Probable Defense for the Baseball Gear Job?

Autor:   •  February 23, 2016  •  Article Review  •  598 Words (3 Pages)  •  1,382 Views

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What is the probable defense for the baseball gear job (BFOQ, 4/5ths rule, glass ceiling)? Explain.

The probable defense for baseball gear job is the bona fide occupational qualification and other discrimination laws. The bona fide occupational qualification is an employment law in The United States of America, which doesn’t allow a company to discriminate against a candidate. According to the book, “BFOQ are job requirements that are reasonably necessary to meet the normal operations of that business or enterprise.” (DeCenzo, D., & Robbins, S.,2013) At one time, it could be used only for support of sex discrimination. In today’s society it is extended to other things and religion. It cannot be used for cases of race. There is also the measurements of the 4th and 5th rule. This rule determines if the case is a discriminatory case or not. This is not a definition of discrimination, it is a quick examination to assist with HR practices in a company. The rule requires a company to hire, a certain percentage to be within guidelines or one can scream discrimination. Another probable defense for the baseball gear job is the glass ceiling term refers to a comparison of why women and other minorities are not represented in companies. According to the book, “According to the Glass Ceiling Commission, it indicates “institutional and psychological practices, and the limited advancement and mobility of men and women of diverse racial and ethnic backgrounds.” (DeCenzo, D., & Robbins, S.,2013) It is believed that women hold less big positions here in the U.S. than in other places.  There are laws today that were not written to protect woman back in the day. In today’s society a woman can be discriminated against just because of her sex. A woman is capable of doing anything that a man can do. The only way she can be terminated is if she is not performing her job correctly. Although, the EEOC said she had no case, she did have a case. She could have used the terms that were used above to plead her case.

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