Issue
The Tigers football team has laid down new regulations that determine the type of players who should be recruited into the team because of the need to minimize injuries. Specifically, the new regulations require that only players who are 5 feet 6 inches and weighing 150 pounds would be allowed on the team. Sarah meets the height criteria, but weighs 10 pound less than the required weight. She decides to file a case against the team claiming that the regulations violate Title VII of the Civil Rights Act of 1964. The issue, therefore, is to determine if Tigers violate Title VII of the same Act.
Rule
Under the Civil Rights Act of 1964, “It shall be an unlawful employment practice for an employer … to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, national origin age (40 or older), disability or genetic information.” This provision illegalizes all forms of discrimination that employers might want to stage against employees or candidates for job positions. In addition, the Occupational Safety and Health Act of 1970 require employers to provide their employees with working conditions that are free of known dangers.
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Application
It is notable that the law is clear on the forms of discrimination, race, gender, color, religion, national origin, age, disability, or genetic information. It is also notable that the same law, under section 703(e), allows for businesses and other employment organizations to allow chose their employees based on such criteria as the ones defined in the article a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. Tigers do not specify in their regulations that they are discriminating players on the criteria noted by the law, but would be justified in their use of the new terms of hiring since they fit into the exemption of the law. In addition, this new rule will allow the team to meet the standards of safety as directed by the Occupational Safety and Health Act of 1970. The physical nature of the sport requires the team to institute regulations that would reduce the rates of injuries.
Conclusion
The Tigers football team does not violate Title VII of the Civil Rights Act of 1964 since the new regulations are an exemption of the rule in section 703(e). The new regulation will also allow the team to comply with the Occupational Safety and Health Act of 1970.
