ATTENTION!!! Please do not place a bid, if you are not satisfied with price I place on the assignment or if you cannot follow all instructions given on the assignment (including the due date). If you cannot honor the time frame I provide then please do not bid.  Directions: Please read each passage below and respond to each part. (These are responses to classmates) I DO NOT need a reference or title page, however please provide the reference(s) underneath the passage. Please label as I have done below, example Dis1 Part 1 and place your response along with the reference. IT IS 4 PARTS PLEASE USE THE SAME TITLE!!! Keep each one on the same document! Please cite properly and use correct grammar. DUE Monday 10/3/22 BY 4PM CST NO LATER Dis 1 Part 1 Bona Fide Occupational Qualification (BFOQ) is a situation that is rare, this situation is where a person’s gender, religion, or national origin would be a reason to disqualify for a job position or be eligible for a job position based on the categories (Hunt, S.T., 2014, pg. 405). According to the text in the glossary section, a perfect example is listed. It would not be appropriate to hire a woman to be a men’s room attendant. There are other reasons that discriminating would be legal as the protected status would not be able to perform the duties of certain job positions (SCHACHTER, H. L., 2013, pg. 375). Though it seems to be clear, there can be difficulties that would arise for a number of reasons. An example would be a cross-gender correctional officer that would be a difficulty to determine which gender of prisoners would be appropriate for this guard to be posted (Monahan, C., 2013). This example is not an extreme case, though it does depend on the type of correctional facility this person would be sent to begin duties. Minimum security would be acceptable for either gender to be posted at the inmate section. Maximum security would be a different story all together. BFOQ can be confused on where it applies and when disparate impact occurs. Disparate impact is an unintentional discrimination, disparate treatment is intentional. An example of disparate impact is where an employer deliberately chooses certain genders or individuals that would be able to perform job duties that consistently lifts heavy materials. An example of disparate treatment is where a person of protected status is treated differently based on gender, religion, or national origin. BFOQ has shown that there are situations that people of protected status can be denied a job position based on the job duties. American disabilities act (1990) (ADA) is an act that prohibits businesses from discriminating against people that are disabled from being excluded based on the disability. If a person is able to perform the functions of the job, they must be considered for the position. For an employer to claim BFOQ, there must be unequivocal proof that the disability is a reason why the job duties cannot be performed. U.S. Eq ...

1. ATTENTION!!! Please
do not
place a bid, if you are not satisfied with price I place on the
assignment or if you cannot follow all instructions given on the
assignment (including the due date). If you cannot honor the
time frame I provide then please do not bid.
Directions: Please read each passage below and respond to each
part. (These are responses to classmates) I
DO NOT
need a reference or title page, however please provide the
reference(s) underneath the passage. Please label as I have done
below, example Dis1 Part 1 and place your response along with
the reference. IT IS 4 PARTS PLEASE USE THE SAME
TITLE!!!
Keep each one on the same document!
Please cite properly and use correct grammar.
DUE Monday 10/3/22 BY 4PM CST NO LATER
Dis 1 Part 1
Bona Fide Occupational Qualification (BFOQ) is a situation that
is rare, this situation is where a person’s gender, religion, or
national origin would be a reason to disqualify for a job
position or be eligible for a job position based on the categories
(Hunt, S.T., 2014, pg. 405). According to the text in the
glossary section, a perfect example is listed. It would not be
appropriate to hire a woman to be a men’s room attendant.
There are other reasons that discriminating would be legal as
the protected status would not be able to perform the duties of
certain job positions (SCHACHTER, H. L., 2013, pg. 375).
Though it seems to be clear, there can be difficulties that would
arise for a number of reasons. An example would be a cross-

2. gender correctional officer that would be a difficulty to
determine which gender of prisoners would be appropriate for
this guard to be posted (Monahan, C., 2013). This example is
not an extreme case, though it does depend on the type of
correctional facility this person would be sent to begin duties.
Minimum security would be acceptable for either gender to be
posted at the inmate section. Maximum security would be a
different story all together.
BFOQ can be confused on where it applies and when disparate
impact occurs. Disparate impact is an unintentional
discrimination, disparate treatment is intentional. An example
of disparate impact is where an employer deliberately chooses
certain genders or individuals that would be able to perform job
duties that consistently lifts heavy materials. An example of
disparate treatment is where a person of protected status is
treated differently based on gender, religion, or national origin.
BFOQ has shown that there are situations that people of
protected status can be denied a job position based on the job
duties. American disabilities act (1990) (ADA) is an act that
prohibits businesses from discriminating against people that are
disabled from being excluded based on the disability. If a
person is able to perform the functions of the job, they must be
considered for the position. For an employer to claim BFOQ,
there must be unequivocal proof that the disability is a reason
why the job duties cannot be performed.
U.S. Equal Employment Opportunity Commission (2022). EEOC
Informal Discussion
https://www.eeoc.gov/foia/eeoc-informal-discussion-letter-44
Hunt, S.T. (2014). Common sense talent management: Using
strategic human resources to improve company performance
(Links to an external site.). Retrieved from Ebook Central.

3. Monahan, C. (2013). The Failure of the Bona Fide Occupational
Qualification in Cross‐ Gender Prison Guard Cases: A Problem
beyond Equal Employment Opportunity. Hypatia, 28(1), 101-
121. doi:10.1111/j.1527-2001.2011.01248.x
SCHACHTER, H. L. (2013). Constructing Age through Bona
Fide Occupational Qualifications: De Jure Discrimination’s Last
Stand? Public Administration Quarterly, 37(3), 373–392.
Dis 1 Part 2
There are many laws that HRM must abide by. One such law is
Title VII of the Civil Rights Act of 1964, which “prohibits
employment discrimination on the basis of race, sex, color, age,
and national origin” (Aamodt, 2017). An exception is made to
this in Section 703(e) of Title VII. “This section states that it is
not unlawful for an employer to differentiate hiring on the basis
of religion, sex, or national origin in those certain instances
where religion, sex, or national origin is a bona fide
occupational qualification reasonably necessary to the normal
operation of that particular business or enterprise” (Seaquist,
2012). One example of a BFOQ would be a Catholic school that
only hires Catholic teachers. By not clearly defining BFOQs, an
organization could face claims of discrimination. For example,
if a Catholic church that only hires Catholic teachers does not
clearly define its BFOQ, the organizatio n could face
discrimination claims when asking potential candidates
questions that involve their religion (or religious beliefs). If an
organization has a BFOQ, however, the BFOQ is not well
defined, the organization would be practicing disparate
treatment. Disparate treatment is intentional discrimination
against one of the protected classes. If the Catholic school does
not have a well-defined BFOQ and does not hire a qualified
candidate because he/she is not Catholic, then it is disparate
treatment. “Disparate impact occurs when the organization’s

4. policies, practices, or procedures appear to be neutral but result
in a disproportionate impact to the candidate or employee”
(Henderson, n.d.). In this case, the policies do not cause
discrimination;
however, once implemented, discrimination occurs. Both
disparate treatment and disparate impact are illegal. If an
organization has a well-defined BFOQ, then it has a legal
exemption for discriminating against a protected class due to
the reasonable necessity of normal business
operations.
The ADA of 1990 protects Americans with disabilities. In order
to remain compliant with the ADA, organizations must offer
reasonable accommodations for individuals with disabilities
who can carry out (or perform) the duties of the position in
question. It protects individuals with disabilities by ensuring
that organizations do not discriminate against the individual or
his/her disability. In this case, as well as with BFOQ, the
organization must be able to justify its employment decisions
based on the demands and necessities of normal business
operations and not on other factors (like disability, age,
religion, and gender).
References:
Aamodt, M. G. (2017). Really, I come here for the food: Sex as
a bfoq for restaurant servers. TIP: The Industrial-Organizational
Psychologist, 54(3), 99–108. Retrieved from
http://search.ebscohost.com.proxy-
library.ashford.edu/login.aspx?Links to an external site.
direct=true&db=a9h&AN=121097465&site=eds-
live&scope=site
Henderson, B. (n.d.). Weekly lecture [Instructor guidance].

5. Retrieved from
https://ashford.instructure.com/courses/53699/pages/week-6-
weekly-lecture?
module_item_id=2715097
Seaquist, G. (2012). Business law for managers [Electronic
version]. Bridgepoint Education, Inc. Retrieved from
https://content.ashford.edu/books/AUBUS670.12.2/sections/fm
Dis 2 Part 1
There are differences on what is considered a lawful termination
depending on the country. In fact, many MNCs utilize an
employment contract that will help mitigate legal
entanglements, but that too isn’t universal worldwide.
“In an era of globalization where multinationals draw on labor
and capital resources across national borders, labor relations
and employment practices are still fundamentally bounded by
domestic legal regimes.” (Harper Ho, 2009)
China has recently extended their statute of limitations on filing
a claim of false termination or unlawful termination from 60
days to one year, whereas Germany has only 3 weeks. “The
statute of limitations is an important factor. If the dismissal is
not challenged within three weeks as of the day notice was
given, the dismissal is deemed to be valid” (Hund, 2014).
Using an employment contract is used as not only an incentive
to keep employees long term but is also utilized to outline
exactly what is considered for a lawful termination by the
employer, unfortunately it isn’t uncommon for the employer to
“redact or hide” key elements in a contract that if disclosed,
potential employees wouldn’t sign. This is a huge legal
challenge within any MNC.

6. Mitigating what is considered a legal termination, varies from
country to country. The challenge to HRM is knowing exactly
what they are and ensuring that all correct, legal resources and
management are on point for each location.
Works Cited
Gould IV, W. B. (2010). Labor Law Beyond U.S. Borders: Does
What Happens Outside of America Stay Outside of America?
Stanford Law and Article Review
, 401-426.
Harper Ho, V. E. (2009). From Contracts to Compliance? An
early look at implemetnation under China's new labor
legislation.
Columbia Journal of Asian Law
, 36-107.
Hund, D. (2014). German Unjust Dismissal Law in Practice.
Employee Relations Law Journal
, 61-84.
Kuddo, A. (2009).
Labor Laws in Eastern European and Central Asian Countries
Minimum Norms and Practices.
Vilnius: World Bank Organization.
Dis 2 Part 2
The different requirements for termination of employment in
European countries can create challenges for employers, who
must be aware of the requirements of each country in which
they operate. In some cases, such as in France, an employer may
need a valid reason for terminating an employee, which can be
challenging to prove. In other cases, such as in Germany, an
employer may only be able to terminate an employee for cause

7. and must be able to provide evidence of the reason. These
requirements can make it difficult for employers to remove
employees and lead to lawsuits from employees who believe
they were wrongfully terminated.
The risks associated with the termination of employment in
European countries can be significant. If an employee is
wrongfully terminated, they may file a lawsuit against the
employer. Additionally, if an employee is terminated unfairly, it
can lead to negative publicity for the company. These risks can
be costly for employers in terms of financial damages and
reputation.
MNCs operating in European countries with restrictions on
termination of employment must have a clear and consistent
policy on termination. All employees must be made aware of the
policy and understand the consequences of violating it.
Additionally, MNCs must comply with all local laws and
regulations. Failure to do so can result in significant penalties.
HRM policies may be necessary to comply with restrictions on
termination of employment in European countries. For example,
a progressive discipline policy may need to be implemented to
avoid wrongful termination lawsuits. This type of policy would
require that an employee be given warnings or counseling
before being terminated to provide them with a chance to
improve their performance.
Other conditions or restrictions facing a firm operating in such
environments include the need to comply with local laws and
regulations. Additionally, the possibility of unionization must
be considered. Unionization can make it more difficult for an
employer to terminate employees, as negotiation may be
required to reach a severance agreement.