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Showing posts from December, 2024

The Supreme Court (SC) Ruled Against Employer’s No-Spouse Policy, Upholding Women’s Right to Choose a Spouse

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    An employer's blanket policy of no-spouse employment is discriminatory. To justify its enforcement, the employer must clearly establish a reasonable business necessity.  .. unless the employer can prove that the reasonable demands of the business require a distinction based on marital status and there is no better available or acceptable policy which would better accomplish the business purpose, an employer may not discriminate against' an employee based on the identity of the employee's spouse. This is known as the  bona fide occupational qualification exception. To justify a  bona fide  occupational qualification, the employer must prove two factors:  (1) that the employment qualification is reasonably related to the essential operation of the job involved; and,  (2) that there is a factual basis for believing that all or substantially all persons meeting the qualification would be unable to properly perform the duties of the job. Thus, a...