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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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