5. What are two employers that are categorically excluded from coverage by Title

Question

5. What are two employers that are categorically excluded from coverage by Title VII, even if they have the qualifying number of employees? _______________________________ ________________________________________________________________________

6. What are the two requirements for a BFOQ to be legitimate? ______________________ ________________________________________________________________________________________________________________________________________________

7. If a standard for qualifying persons for a particular employment position were to be facially race-neutral but nonetheless tended to exclude persons of a particular race, what variety of claim could be made under Title VII? _________________________________

Explanation / Answer

5. These employers were forced to reimburse employees for the costs of their prescription contraceptives for the applicable back pay period. Infact the agency decided was not binding on courts and only applied to the two women who filed charges with the EEOC against their employers, it did provide guidance for both Congress and the Erickson court as to how Title VII should apply in this context.

6. A bona fide occupational qualification, also known as BFOQ, is a characteristic or attribute required for a job that could be considered discrimination if it were not necessary to perform the job in question, or if the job was unsafe for one category of people but not another.

7. Title VII of the Civil Rights Act of 1964 prohibits job discrimination on the basis of race, sex, religion, or national origin. When originally enacted, it was unclear whether Title VII would treat as an "unlawful employment practice" a job requirement or employment test that, while facially neutral, tended to disproportionately exclude women or racial minorities from a particular position.

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