What is/are the differences between discrimination that results from a BFOQ and
ID: 461767 • Letter: W
Question
What is/are the differences between discrimination that results from a BFOQ and discrimination that results from a criterion that causes a disparate impact because it is job related and consistent with business necessity?
a.A BFOQ can legally discriminate only on the basis gender, religion or national origin
b.A criterion that causes a disparate impact may permissibly affect any protected characteristic including race.
c.A criterion that causes a disparate impact may permissibly affect any protected characteristic except race.
d.a and b
e.a and c
Explanation / Answer
e. a and c
BFOQ can legally discriminate only the basis of gender, religion or national origin. Race can never be a BFOQ or permissible disparate impact.
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