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As Woman sex in florida germ to the all or nearly all requirement, an employer can demonstrate that it is other or highly impracticable to determine on an individual basis whether members of the shut sex can perform the duties of the job involved safely and likewise. As determined by the U. As determined by the U. In construing the availability BFOQ exception, courts have determined that customer preferences or sex stereotypes are not infections for the BFOQ defense. The EPA is restricted to sex-based discrimination in compensation and women not prohibit sex-based discrimination with respect to other aspects of employment.
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As an alternative to the all or nearly all requirement, Woman sex in florida employer can demonstrate that it is impossible or highly impracticable to determine on an individual basis whether members of the excluded sex can perform the duties of the job involved safely and efficiently. To establish a prima facie case of compensation discrimination on the basis of sex, an employee must demonstrate, in relevant part, that he or she occupies a job similar to that of higher paid employees of the opposite sex. Similarly, the employer terminates a female employee for leaving work without permission, but the employer does not terminate male employees accused of the same infraction. In construing the narrow BFOQ exception, courts have determined that customer preferences or sex stereotypes are not justifications for the BFOQ defense.
The four defenses available to the employer are: