Bona Fide Occupational Qualification (Bfoq) Essays -

Bona Fide Occupational Qualification (Bfoq) INTRODUCTION Title VII states that an employee cannot be treated differently because of sex unless sex is a bona fide occupational qualification (BFOQ). When used as a defense, bona fide occupational qualification (BFOQ) allows an organization to hire and employ individuals on the basis of the qualifications reasonably necessary to the normal operation of that particular business or enterprise. This paper will discuss the necessary steps employers must take in order to justify using sex as a discriminator when hiring employees and review some known cases where BFOQ was used as a defense. DEFINITIONS Sex Discrimination is traditionally defined as systematically treating one sex differently from the other. However, discrimination can be further defined by breaking it down into two areas: disparate treatment and disparate impact. Disparate treatment is more commonly known as outright discrimination. It is treating an individual differently than what is fair and just because of race, sex religious beliefs or any other differentiating factor. Disparate impact is discrimination towards a group of employees who are members of the protected class. The protected class is that group of individuals who are protected from discrimination by a federal, state or local statute (Sovereign, p.352). Everyone is a member of at least one protected class, because gender is a protected class. In Title VII litigation, where the employees neutral practice causes the disparate impact, no showing of intent to discriminate is necessary for liability (Kovacic-Fleischer, p.858). In a Title VII case, once a plaintiff has made a prima facie disparate impact case, a defendant can defend by proving that the neutral practice is a business necessity. If the defendant is able to establish the defense, the plaintiff still has the opportunity to prove that the defendant could achieve the business necessity in a less discriminatory manner. The Bona Fide Occupational Qualification (BFOQ) is contained in Title VII of the Civil Rights Act of 1964. Under this title, employment in particular jobs may not be limited to individuals of a particular sex, religion, or national origin unless the employer can show that one of these factors is an actual and necessary qualification for performing the job. BFOQ is usually decided on a case-by-case basis. Race is never a BFOQ. When BFOQ is used as a defense, the employer admits sex discrimination but under the terms of the statute it is justified (Sovereign, p.91). The Supreme Court has determined that the BFOQ exception is intended as a narrow exception to the prohibition of sex-based discrimination (Hawke, p.58). Title VII of the Civil Rights Act of 1964 states that it is unlawful for an employer to refuse to hire, discharge or discriminate against an individual because of race, color, religion, sex or national origin. Under Title VII sex discrimination is not unlawful if BFOQ can be proven as necessary for that position. PROVING DISCRIMINATION Employee Position Employees alleging discrimination must attempt to prove a prima facie case. Prima facie means that before a person can go to court, it must be shown that a wrong has been committed by stating certain facts (Sovereign, p.38). The employee must show that he is a member of a protected class and has suffered an adverse employment action. An adverse employment action is anything the employer does which affects the employees job and is not positive. For example, if an applicant applies for an open position that he is qualified for, is rejected, and that position remains open and the employer continues to seek applicants, this could be discriminatory treatment. Adverse actions can range from firing, failure to hire, or failure to promote. The employee then has to show that the employers reason for the adverse action was not legitimate. This is known as showing that the employers reason for not hiring was pretext. Once pretext is proven, then the court would presume that the adverse action was illegal. In some instances, this may not be enough. The employee may still have to provide evidence of discrimination. Employers Position When an employer is accused of discrimination, he must state that there was a legitimate reason for that adverse employment action. The employer may chose from many defenses. One defense may be BFOQ. In using BFOQ as a defense, the employer must show reasonable necessity

Gaius Suetonius Tranquillus

Gaius Suetonius Tranquillus Gaius Suetonius Tranquillus was born just about 69 CE during which time the Julio-Claudian dynasty collapsed devoid of a direct successor. During this time, the Senatorial commanders of provincial armies had to result to war in order to tackle the question of succession.Advertising We will write a custom essay sample on Gaius Suetonius Tranquillus specifically for you for only $16.05 $11/page Learn More Suetonius father was a tribune of the armed forces and was theretofore involved in the battle of Betriacum during the reign of the four Emperors. When the battle ended, the Flavian dynasty conquered and this ushered in the empire of the Caesars as the novel rulers of Rome. Conceivably, it was as a result of his fate being entangled with such events that motivated Suetonius to make a decision of writing the history of the Caesars Empire. In any case, Suetonius was a chief witness for Romes early empire which makes his account of the Roman Empire viable. Sueton ius took to literature and law where he held several positions in the imperial regime’s progressively professional system of government. At one time, Suetonius worked under Hadrian where he used his literary and legal skills while working at diverse secretarial positions at the imperial palace. It is said that he was later dismissed by Hadrian for allegedly behaving in an improper manner towards the empress Sabina. However, before being dismissed, Suetonius had gathered firsthand experience within the internal dealings of the empire. He is also said to have had access to the imperial archives and had profound communication with several significant people within the empire. In general, Suetonius possessed the familiarity and education to develop into an important element of Romes uprising proficient intellectuals. Even though Suetonius wrote several books, my main concern, lies in his biographies of colonial characters, in ‘The Twelve Caesars.’ His memoirs start w ith Julius Caesar and ends with Domitian. This paper aims at evaluating the culture of Rome by assessing ‘The Twelve Caesars, â€Å"Julius Caesar, Nero and Vespasian by Gaius Suetonius. The paper attempts to find out Suetonius views on public power, the manner in which the government controlled the rulers and how power should be used by those who possess it. In this amazing synopsis of the dozen pseudo-monarchs, Suetonius does not conceal the crimes by the Roman emperors but presents the facts to the best of his knowledge. Even though there has been some debate disputing the authenticity of some of Suetonius accounts as mere hearsay, he had access to relevant sources of information. After going through Suetonius biographies, we often get the feeling that Roman history was much better than the crude gossip that are experienced in our present scandalous media.Advertising Looking for essay on biography? Let's see if we can help you! Get your first paper with 15% OFF Learn More In view of Julius Caesar, Suetonius begins by representing some of the conquests he made, which take account of Gaul and the civil war, in opposition to Pompey the Great. He also describes Caesar’s decree of â€Å"Veni, vidi, vici which is translated to mean, â€Å"I came, I saw, I conquered†. He also quotes Caesar during his battle with Pompey the Great as he said, That man (Pompey) does not know how to win a war. In this war, he was nearly defeated. On an account of this incident, it can be said that the leaders of that time were courageous, persistent and settled for nothing less than success. Suetonius described Julius Caesar as a man who was quick to listen to people’s grievance. This is unlike Nero who was not keen on People’s criticism. Julius Caesar is also described by Suetonius to be a man of his words. This can be explained using the incident at the meridian sea with the pirates. Caesar was taken ‘into custody by t he pirates and was only let free after parting with a ransom of 20 Andrew Hadrill-Wallace, 1983.Suetonius: the scholar and his Caesars. (London: Duckworth, 1983), talents of gold. He had promised them that he would be released, capture them and then crucify them. After he was let free, Caesar accomplished his promise of by taking the pirates into custody and crucifying them. Caesar was also friendly to his soldiers as instead of calling them soldiers, he referred to them as comrades. This is an indication that it was the norms of the leaders during this era to win loyalty among the administration and the people they served. Such kind of loyalty facilitated leadership as there existed mutual interests between the leaders and the people. A further scrutiny of the history of the Roman culture reveals that some leaders of that time were particularly unsympathetic and cruel. With regards to Nero, Suetonius describes him as strict and insensitive. The exploits of Nero was full of brutalit y and absurdity. For instance, it is said that he killed his mother because she was opposed to his marriage to his mistress. Moreover, he maliciously killed some of his wives for no good reasons. He was greedy and was only interested in his own ambitions in his style of leadership. At the end, Nero is said to have committed suicide as he was rejected by his soldiers and the public declared him to be an enemy of the people. This is an indication that the people were not happy with his cruelty and had to result to that verdict in order to show their discontentment with that kind of leadership. Suetonius exhibits this negative aspect of leadership when he claims that Nero’s death was an end of an era of Julio-ClaudiansAdvertising We will write a custom essay sample on Gaius Suetonius Tranquillus specifically for you for only $16.05 $11/page Learn More Vespasian took over after the death of Nero. He was the first Flavian to become an emperor in Rome afte r a revolt in Judea. He was born in 9 A.D and ruled for ten years before he died a natural death in 79 A.D. Suetonius explains that the other emperors who were before him were chaotic. According to Suetonius, Vespasian was the best person to lead Rome as he brought peace and tranquility as well as economic stability to Rome. Suetonius claims that his leadership was based on honesty. This was despite the fact that he was considered to be greedy and pretentious as he had omens consultations and had other armies supporting him. He also raised the tax for his people, which at the end of the day benefitted them. He was a man who fulfilled his words. Vespasian is claimed to be an extortionist but this was to reclaim the economic stability of his people. By the time Vespasian was dying, he had brought Rome back to economic stability. In light of the three Caesars, Suetonius is of the opinion that good governance should be beneficial to the people. It should bring about peace, tranquility a s well as economic stability to the people. According to Suetonius, a good leader should be honest and ensure effective policies that enhance tax collection. Vespasian was honest and he also facilitated the collection of taxes. In as much as Vespasian was greedy, his people benefitted from his leadership style. On the other hand, Suetonius postulates an effective leader should not misuse power or be as greedy and egoistic as Nero but should be selfless and have the people’s interests at heart. Bibliography Tranquillus, Gaius Suetonius. The Twelve Caesars. Translated by Alexander Thomson. Harmondsworth: Penguin, 1957. Hadrill-Wallace, Andrew. Suetonius: The Scholar and his Caesars. London: Duckworth, 1983.Advertising Looking for essay on biography? Let's see if we can help you! Get your first paper with 15% OFF Learn More

History assignmnt Essay Example | Topics and Well Written Essays - 500 words

History assignmnt - Essay Example bsite has been on-going with the effort to record and preserve the record of September 11, through the collection and storage of information from first-hand encounter of the event, digital photographs and artworks, and a variety of other digital materials associated to the attacks. The website also uses the events as a technique of evaluating in what manner history is being documented and conserved in the 21st century. It also helps historian’s better collect, preserve, and writes history in the new century. The main goal is to create an enduring documentation of events of 9-11-2001. The Archive has so far made contracting agreements establishing partnership with Library of Congress, which accepted a copy of the as its Archive permanent collections this ensures long-term preservation. Over the years, the archive has accumulated more than 150,000 digital files: stories, photographs, digital art images, videos, official documents, and oral histories. Altogether, these resources provide the substantial accounts of the event and instantaneous reactions of the events in New York, Arlington, and Shanksville. The site has also managed to archive record on the subsequent kaleidoscopic chronological remembrances that have been at the heart for much of the scholarship on September 11th. The September 11 website author being lovers of history and media, majority of them working in the George Mason University lack visible differences and thus the reason behind the continued success of the web page. Their love for history is said to be one of the pillars of the web page. Also, the model of data collection and preservation is a significant contributor to its continued success. Being in the 21st century majority of readers would prefer to get information on the website. This gives the September 11 a boost to its success as there are not many such sights where individuals can access such information. The website â€Å"The September 11† has been providing software’s that