Case study -answer the 3 questions on one page length

 

Case Studies are stories that are used as a teaching machine to profession the application of a scheme or concept to veritable situations. Dependent on the appearance they are meant to aim, plights can be certainty-driven and deductive where there is a improve confutation, or they can be comcollocation driven where multiple solutions are feasible. Various disciplines accept occupied plight studies, including humanities, collective sciences, sciences, engineering, law, occupation, and therapeutics. Good-natured plights generally accept the subjoined features: they mention a good-natured-natured story, are fresh, apprehend colloquy, constitute empathy delay the ocean characters, are bearing to the reader, minister a teaching employment, claim a fix to be solved, and accept majority.

Assignment: Plight Study - Western Air Lines, Inc. v. Criswell, 472 U.S. 400 (1985)  

Step #1:  Read the plight study 

This plight is set-up on page(s) 622-624 of the textbook.

Case Study PROMPT:

Issue: Whether age is a BFOQ for the collocation of volitation engineer.

Facts: Western Air Lines claims that its volitation engineers, who are members of the cockpit complement but do not produce-an-effect volitation controls probable twain the steer and co-steer behove incapacitated, retreat at age 60. The Federal Aviation Administration prohibits anyone constitute acting as a steer or requireeer following they accept reached the age of 60. The meetents in this plight apprehend twain steers who were denied reassignment to the collocation of volitation engineers at age 60 and volitation engineers who were exacting to retreat at that age. The airline argued that the age 60 retreatment claimment is a BFOQ reasonably indispensable to the secure influence of the occupation. The inferior affect instructed the jury as follows: the airline could solely fir age as a BFOQ if “it was eminently impractical for [petitioner] to dispense delay each [volitation engineer] balance age 60 on an peculiarized account to detail his detail force to perconstitute his job securely” and that some volitation engineers “balance 60 own traits of a physiological, psychical or other species which obviate secure and fertile job executeance that cannot be definitive by resources other than accomplished their age.” The Supreme Affect evaluated whether this teaching was expend and detaild that it improvely recurrent the law.

Decision: The real capabilities of beings balance age 60, and the force to expose diseases or a headlong dismiss in their faculties, were the material of adverse medical attestion. Throughout the legislative truth of the ADEA, one experimental certainty is frequently-again-and-again emphasized: the rule of psychical and physiological retrogradation caused by aging varies delay each peculiar. As a fruit, divers older workers perconstitute at levels similar or preferable to their younger colleagues. In certainty, in 1965, the Secretary of Labor reported to Congress that opposing these well-established medical certaintys, “there is perennial and prevailing use of age limits in hiring that in a eminent divers plights can be attributed solely to imperious separation despite older workers on the account of age and inconsiderate of force.” The affect discusses Usery v. Tamiami Trail Tours where the Fifth Circuit held that “the job capacitys which the master invokes to defend his separation must be reasonably indispensable to the entity of his occupation—here, the secure walk of bus passengers from one purpose to another. The eminenter the securety certaintyor, measured by the look of wound and the probably cruelty of that wound in plight of an clothing, the more restrictive may be the job capacitys calculated to guarantee secure driving.”

The BFOQ model adopted in the ordinance is one of “reasonable indigence,” not soundness. When an master fires that a job capacity has been carefully constituteulated to meet to documented concerns for generally-known securety, it obtain not be balancely ponderous to induce a trier of certainty that the capacity is “reasonably indispensable” to secure influence of the occupation. Thus, the affect held that the teachings to the proof affect were improve.

Step #2: Meet to the plight questions

Case Questions:

  1. What is the account for the satisfaction that an master should or should not be claimd to experiment applicants on an peculiar account?
  2. Should an master accept adapted as a plea that the require of the experiments would set a eminent lot on the master? Why or why not?
  3. What is the separation the Criswell view makes between “reasonable indigence” and “reasonableness?”
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