Juvenile Case

Juvenile case

LS311 Business Law

By: Unknown

November 6, 2012

Gender discrimination is any unequal treatment based on gender. Characteristics of gender discrimination are any situation where a person shows a prejudice towards another that would not occur had they been the opposite sex, the discrimination can be verbal or even an action. Most cases involves being denied a job, a promotion, scholarship, credit, housing or even different levels of punishments. In this Milwaukee County jail there was evidence showing that discrimination was being occurred and this should be enough to show that there wasn’t any discrimantory action towards the female guards. The state does not want the juveniles to be assaulted, nor have the monetary ability to carry extra females guards if its not necessary

Evidence showing that sexual abuse of juveniles was occuring when females were guarded by males, or vice versa, would be enough to show that it wasn't discriminatory.

If there is a substantial relation between the discriminatory behavior and what the institution is trying to protect against, then it's allowable. But they couldn't just say "We think this will happen." It would need to be either incident reports, or a statistical study relevant to the type of incarceration unit to show that discrimination was acceptable and reasonable in this instance.

In this instance, they don't want juveniles being assaulted, that's a legitimate government interest. If they have studies showing that things happen when non-same sex guards have watch over juveniles then discrimination is acceptable to carry out the government's interest in protecting the juveniles.

“Bona fide occupational qualifications (BFOQ) are employment qualifications that employers are allowed to consider while making decisions about hiring and retention of employees. The qualification should relate to an essential job duty and is considered necessary for operation of the particular business” ("Us legal,"...