The Cardigan garment is made with an open front fitted with buttons named after a Lord of Cardigan. The garment became popular after the Crimean War gradually and had evolved to gain a versatile nature which makes them suitable o wear in the formal and casual setting.
Employers are allowed to consider an attribute while finding the most suitable candidate for hiring (Business Law Institute & Minnesota Continuing Legal Education, 2016). The bona fide occupational requirement forms the basis for which employers’ uses to filter through potential employees and arrive at a decision of a candidate who meets the employment requirement. However, if not well adapted, bona fide occupational requirements may lead to legal suits (Business Law Institute & Minnesota Continuing Legal Education, 2016).
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In our case study, Cardware seems to have skewed genuine bona fide occupational requirements even though some of the requirements may not be genuine. As much as experience will be important in smooth running of the job for which Cardware is advertising, it would b considered that having an inexperienced salesperson may run the retail shop for normal operations. Bona fide occupational qualifications require that when applied they will result in generally normal operation of a business. In our case having experience does not guarantee that an individual will run a normal business operation.
In some cases, gender may be accepted as a narrow context of bona fide occupational qualification given that where a business is dealing with men’s wear, a male model will be most appropriate for the normal business operations. In our case gender may not be a bona fide qualification since the retailer is cutting across all customers both male and female.
Other requirements posted by Cardware Inc. that include energetic, athletic and youthful applicants, may not necessarily qualify as bona fide. Given the nature of business, the retailer is engaged in, and it may be necessary to have the characteristics to attract customers. However, the customer preference does not constitute a bona fide qualification. In some cases, customer preference of certain salesperson attributes may be considered when the company will be unable to perform its primary service delivery.
For Cardware Inc. the application requirements posted constitute its definition of bona fide qualifications. From the company’s point of view, it would be important to bring in the aspect of customer attraction to its products since the salesperson’s appeal to customers will determine how much sales the company makes.
Negligence lawsuit against Cardware
Bringing a lawsuit against Cardware, Petunia may not have enough facts to pursue her case. Suing Cardware for negligence would be inappropriate for Petunia given that a negligence suit can only be filed against a party that did not use adequate and reasonable precaution consequently resulting in damages to a victim while accessing services. In our case study, Hetty was not receiving services from Cardware, and therefore there seems to be no case of negligence on the part of Cardware.
Additionally, Petunia should be charged for her showing up at the store to harass Noah. Petunia’s constant anger and ugly behaviour have resulted in customers slowly moving away from the retailer and causing possible revenue losses. It would have been prudent for Petunia to accept the results of the interview and selection process, therefore, keep off the retail store unless when she is making purchases.
The Cardware Inc. could, in turn, take action by suing Petunia for trespass. According to Abraham (2017), trespass to person revolves around threats, mayhem, assault, and wounding. Trespass to a person would be applicable in this case given that Petunia was harassing Noah. Even though it is not clear what kind of harassment Noah was taking from Petunia, it would be in the form of threats or assault which in this context engulfs Petunia’s actions that excited Noah’s actions. Given that Petunia caused a trespass of a person towards Noah, the Cardware Inc. may not be responsible for the ensuing circumstance and the actions taken by Noah. In fact, Noah should sue Petunia for trespass to the person.
Having Hetty’s estate claiming responsibility by Cardware for Hetty’s death would not be appropriate. Despite the death having resulted from an action by an employee of Cardware, it can be argued legally that the employee’s action was triggered by the harassment directed to the employee by a third party and thus the responsibility should be borne by Petunia (Johnson, 2016).
Conclusion
Bona fide occupational qualifications are employed across all occupations to ensure that there is no discrimination in employment. According to our case study, the occupational qualifications have been employed to suit the preferences of the employer. However, not all qualifications in the employer’s advertisement seem to qualify in the bona fide qualifications for the position. The inappropriate conduct of the losing applicant which has resulted in the death of a citizen may deal the company a hefty blow in its operations and consequently low returns.
References
Abraham, K. S. (2017). The forms and functions of tort law .
Business Law Institute, & Minnesota Continuing Legal Education. (2016). The 2016 Business Law Institute .
Johnson, V. R. (2016). Legal malpractice law in a nutshell . St. Paul, MN: West Academic Publishing.
