IntroductionOne of the most difficult tasks in the business world today is making the right choices and decisions regarding employment. These decisions examined by the Employment Law text for human resources practice are not as cut and dry as they might seem on the surface. All hiring decisions have consequences, most of which are favorable to the company. However, there are cases where these decisions can be harmful to the organization; if company representatives are not versed in appropriate labor compliance standards. Case Conditions Over the past several years, the North Carolina Department of Motor Vehicles, in collaboration with the Department of Public Instruction, has worked to develop a set of physical standards for bus drivers that address weight and size requirements. This policy apparently seems to have validity as it concerns the safety of passengers who in this case are school-age students. As defined in the Bona Fide Occupational Qualifications (BFOQ) section of Title VII, “if an employer can demonstrate that a particular characteristic of the protected class (e.g., male) is a bona fide occupational requirement for the job in question, the discriminatory face requirement is legal” Walsh, D. (2012). In language similar to the Age Discrimination in Employment Act provides a definition of the BBOQ defense "It shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify its members or to classify or refer for employment any individual, or for an employer, a labor organization or a joint labor management committee supervising apprenticeship or other training o retra...... middle of paper ... ...rolina and the Department of Motor Vehicles will have to face an uphill battle, but as long as the intentions are based on the safety of the students, it will be a winnable case but a nightmare for the public perception for some years to come. References Deschenaux, J. (2010, June 7). Hooters sues for weight discrimination. Retrieved from http://www.shrm.org/LegalIssues/StateandLocalResources/Pages/HootersSued. .aspxSchool Bus Safety Mandates. (n.d.). - American School Bus Council. Retrieved April 27, 2014, from http://www.americanschoolbuscouncil.org/love-the-bus/educators-toolkit/school-bus-safety-mandatesUS Legal (2014). Bona Fide Law on Professional Qualifications and Legal Definition. Retrieved from http://definitions.uslegal.com/b/bona-fide-occupational-qualification/Walsh, D. (2012). Employment law for human resources practice. (4 ed.). Macon: Southwestern Legal Studies in Business.
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