Introduction
This paper examines the importance of BFOQ on restrictions to termination of employment in European countries. Often organizations that have failed to appropriately incorporate BFOQ encounter problems with staffing. The paper looks at some of the problems and establishes a relationship between BFOQ and the ADA of 1990. The conclusion section summarizes the major benefits that can be achieved by an organization that appropriately incorporates BFOQ in human resources management.
Bona Fide Occupational Qualification (BFOQ)
Bonafide occupational qualification (BFOQ) refers to the attribute or quality that employers exercise when making decisions to hire new workers or to retain the current workforce. Some of the attributes employers use in hiring have often been considered discriminatory and thus violating employment or civil rights laws. Employers must carefully apply selection criteria that are in line with the laws. Employers need to seek appropriate legal advice from the lawyers to avoid instituting employment measures that contradict the law (Jennings, 2006, p. 809).
BFOQ plays an important role in enhancing the way organizations hire and retain their manpower within the legal framework. Under BFOQ employers are allowed minimal exemptions from anti-discrimination parameters if the employment preference falls under this act. However, BFOQ can be discriminatory especially when the employer’s recruitment partiality is reasonable for efficient and normal operation of the business or organization. BFOQ is suitable and acts as a defense tool on issues dealing with discrimination charges especially when for instance religion, age, sex or nationality is a requisite for performing a job. For example, an old-aged person may not be considered legitimately for an employment to pose as a model for a teenager designer store, likewise, on issues of religion, BFOQ in business or organization that needs its workforce to practice a particular religious dogma.
ADA and BFOQ
The Americans with Disabilities Act (ADA) designates that, “it is unlawful for employers to discriminate an employee on the ground of his or her disability against a competent individual with disability” (Nuemark, 2008, p. 45). Both BFOQ and ADA have similar functions in the protection of employees against unjust discrimination and discrimination against disability. For instance, ADA would not have constraints hiring a person based on appearance because being ugly or unattractive is in itself not a disability. However, obesity is an issue that is regarded as a disability under the ADA. Employers who discriminate against employees based on disability can be accused of jeopardizing the terms of the Act. The relationship between BFOQ and ADA on issues of workforce hiring and retention complements each other. All organizations are required to observe the provisions of each of the bodies in hiring and retaining their workforce (Jennings, 2006, p. 807).
Organizations that violet the provisions of BFOQ and ADA risk conceiving more costs, wasting time in litigation, damage to individual reputation and negative public perception. Equal employment plays an important opportunity, not only from the legal aspect, it also a strong emotional concern. Nuemark (2008, p. 34) observes that BFOQ helps most European countries to have a conducive environment where individuals “regardless of nationalities, sex, race, religion among other issues feel emotional well and contribute to the growth of an organization or business.”
Termination of employment
Employee termination in most European countries can prove costly for employers terminating indeterminate employees in cases of economic reasons. However restrictions can involve many forms including justifying reason for the termination, necessary administrative protocol and advance notice. To enhance the ratified way of terminating employees in European countries, organizations have; employers notify workers through workers representatives (Nuemark, 2008, p. 34). It also requires that an employer holds consultations with workers on appropriate measures to limit layoffs, the employers’ issues compensation or notice of termination in a given period and the terminated workers are entitled to allowances or other benefits in line with their length of service.
Conclusion
BFOQ Act has streamlined how an organization establishes hiring and retaining a workforce to ensure the legal framework is adhered to. BFOQ ensures that issues regarding discrimination on age, religion, sex, nationality among other issues are addressed to provide an environment where maximum output is achieved.
Reference List
- Jennings, M. (2006). Business: Its Legal, Ethical, and Global Environment. Boulevard: Thomson Corporation.
- Nuemark, D. (2008). Re-assessing the Age Restriction in Employment Act. AARP Policy Institute 2008. Web.