Bona Fide Occupational Qualification (BFOQ)

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Andrea applied for a position as a prison guard in a North Carolina State prison. Her application was rejected because she failed to meet the minimum requirements. North Carolina requires that prison guards are at least 120 pounds and a minimum of 5 ft. 2 inches tall. North Carolina officials state that these statutory weight and height criteria are necessary because prison guard positions are contact positions requiring close physical proximity to inmates. The prison further states that hiring more males in contact positions is a “Bona Fide Occupational Qualification”. Andrea brings suit under Title VII of the Civil Rights Act of 1964.

  • Using appropriate resources, address the following in a 3-4 page APA paper:
  • Should Andrea win?
  • What are the requirements for an employer to use the BFOQ defense for discrimination?
  • What points should Andrea’s attorney make on her behalf?
  • Use a minimum of 3 credible sources such as scholarly journal articles. Be sure to cite your resources and include an APA formatted title page and references page