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The 9th Circuit, in an en banc opinion, has rejected application of Title VII and ADEA bona fide occupational qualifications (BFOQ) in ADA cases.
Bates v. UPS (9th Cir 12/28/2007) (en banc) (3-2)
Bates sued the employer for violation of the Americans with Disabilities Act (ADA) alleging unlawful exclusion from driving vehicles of 10,000 pounds or less if hearing impaired. The trial court found in favor of Bates. The 9th Circuit reversed.
The employer imposed the Department of Transpo
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7th Once Again Demonstrates How Narrow BFOQ Defense Is
Henry v. Milwaukee Co., ____F.3d____(7th Cir. August 20, 2008), illustrates how narrow the BFOQ to Title VII really is. The Seventh Circuit rejected a county's bona fide occupational qualification (BFOQ) defense and held that two female juvenile corrections officers prevailed...
BFOQs and the Prison Context
Paul Mollica at Daily Developments in EEO Law brings word of a surprising and interesting gender discrimination case in the prison context involving a bona fide occupational qualification (bfoq)...
Curry v. Allan S. Goodman, Inc. - Part II; Reviewing the Court's Logic
Yesterday, I provided some highlights about the important case of Curry v. Allan S. Goodman, Inc. (can we all just agree to call it Curry v. Goodman?) The case is the first appellate decision in Connecticut that applies the reasonable accommodation provisions found in federal law, to state law...
Employment Law: Supreme Court Latest Age Discirmination Case
Jackson Lewis's Supreme Court Rules Employers Bear Burden of Proving Reasonableness of Employment Policies and Actions contains good advice for employers:"Nevertheless, in its June 19th decision, the Supreme Court ruled that the employer must not only produce evidence supporting the reasonable factors other than age defense, but also must persuade the factfinder of its merit...
17,252 confirmed cases of food poisoning in 2006 in US
The CDC today released its preliminary 2006 food-borne illness data from 10 states: California, Colorado, Connecticut, Georgia, Maryland, Minnesota, New Mexico, New York, Oregon, and Tennessee...
Update on the "Cases" Cases
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Longtime readers know about my little obsession with chronicling all the Supreme Court's "Cases" cases -- that is, Supreme Court opinions styled (either popularly or in the U.S. Reports) as "The [X] Cases," such as The Slaughterhouse Cases or The Civil Rights Cases...