Constructing Age through Bona Fide Occupational Qualifications: De Jure Discrimination's Last Stand?
HINDY LAUER SCHACHTER
PAQ, Vol. 37 No. 3, (2013)
This article examines how the design of current age discrimination policy, particularly employer use of the bona fide occupational qualification (BFOQ) defense, affects the social construction of age in America. Using a series of federal cases involving truck drivers, airline pilots, and police officers, I argue that the use of the BFOQ defense in Age Discrimination in Employment Act cases originates in and ratifies inter-subjective stereotypes. Managerial and governance implications emanate from the way policy design associates aging with degeneration and incapacity.
Subscribers: Login to read this article
Guests: Subscribe to PAQ, or purchase individual article access for $10.
The article is not available for automatic download. We will email the article to you as a PDF file upon receiving your payment, typically within 24 hours.