What Are Some Common Exceptions to Anti-Discrimination Laws?
Exceptions commonly provided by anti-discrimination laws include: • Decisions based on a bona fide seniority system, merit system or system that measures earnings or privileges by quantity or quality of production • Decisions based on business considerations that cause you to eliminate positions • Bona fide occupational qualifications • Businesses giving preferential treatment to Indians (Native Americans) • Religious organizations with respect to employment of individuals of a particular religion to perform work directly related to the organization’s religious activities • National security programs making a position or access to the workplace subject to requirements an individual does not meetDo Some Types of Discrimination Have Unique Defenses? While you can defend against most discrimination claims using a variation of the above defenses or exceptions, some types of discrimination have unique defenses. For example: • Sexual Harassment You can defend against such charges by proving
