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EEOC Claim of Discrimination Against Men Resolved


Hagood Tighe was quoted in SHRM on June 5, 2015. The article “EEOC Claim of Discrimination Against Men Resolved” discussed how sometimes, managers are thinking practically but not lawfully, and the fact that there might be a legal prohibition that would actually restrain such practical thought, such as the bar on discriminating based on sex, may not come to mind.

Such probably was the case when an advertisement was placed by a restaurant seeking a female server at a resort town in Utah, according to Hagood.

The lodging available for the servers during the summer tourist season was for women, not men. But that didn’t make sex a bona fide occupational qualification (BFOQ) for servers, he explained.

Providing managers with annual training on Title VII and hiring and firing is a good idea, according to Hagood. But he said he wouldn’t train on the BFOQ defense because it’s too narrow a defense to often come into play.

To read the full article, please visit SHRM.


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