Distinguish between the federal ADEA versus state based age discrimination laws, and describe BFOQ defenses available to employers under the ADEA.
Sample solution
Dante Alighieri played a critical role in the literature world through his poem Divine Comedy that was written in the 14th century. The poem contains Inferno, Purgatorio, and Paradiso. The Inferno is a description of the nine circles of torment that are found on the earth. It depicts the realms of the people that have gone against the spiritual values and who, instead, have chosen bestial appetite, violence, or fraud and malice. The nine circles of hell are limbo, lust, gluttony, greed and wrath. Others are heresy, violence, fraud, and treachery. The purpose of this paper is to examine the Dante’s Inferno in the perspective of its portrayal of God’s image and the justification of hell.
In this epic poem, God is portrayed as a super being guilty of multiple weaknesses including being egotistic, unjust, and hypocritical. Dante, in this poem, depicts God as being more human than divine by challenging God’s omnipotence. Additionally, the manner in which Dante describes Hell is in full contradiction to the morals of God as written in the Bible. When god arranges Hell to flatter Himself, He commits egotism, a sin that is common among human beings (Cheney, 2016). The weakness is depicted in Limbo and on the Gate of Hell where, for instance, God sends those who do not worship Him to Hell. This implies that failure to worship Him is a sin.
God is also depicted as lacking justice in His actions thus removing the godly image. The injustice is portrayed by the manner in which the sodomites and opportunists are treated. The opportunists are subjected to banner chasing in their lives after death followed by being stung by insects and maggots. They are known to having done neither good nor bad during their lifetimes and, therefore, justice could have demanded that they be granted a neutral punishment having lived a neutral life. The sodomites are also punished unfairly by God when Brunetto Lattini is condemned to hell despite being a good leader (Babor, T. F., McGovern, T., & Robaina, K. (2017). While he commited sodomy, God chooses to ignore all the other good deeds that Brunetto did.
Finally, God is also portrayed as being hypocritical in His actions, a sin that further diminishes His godliness and makes Him more human. A case in point is when God condemns the sin of egotism and goes ahead to commit it repeatedly. Proverbs 29:23 states that “arrogance will bring your downfall, but if you are humble, you will be respected.” When Slattery condemns Dante’s human state as being weak, doubtful, and limited, he is proving God’s hypocrisy because He is also human (Verdicchio, 2015). The actions of God in Hell as portrayed by Dante are inconsistent with the Biblical literature. Both Dante and God are prone to making mistakes, something common among human beings thus making God more human.
To wrap it up, Dante portrays God is more human since He commits the same sins that humans commit: egotism, hypocrisy, and injustice. Hell is justified as being a destination for victims of the mistakes committed by God. The Hell is presented as being a totally different place as compared to what is written about it in the Bible. As a result, reading through the text gives an image of God who is prone to the very mistakes common to humans thus ripping Him off His lofty status of divine and, instead, making Him a mere human. Whether or not Dante did it intentionally is subject to debate but one thing is clear in the poem: the misconstrued notion of God is revealed to future generations.
References
Babor, T. F., McGovern, T., & Robaina, K. (2017). Dante’s inferno: Seven deadly sins in scientific publishing and how to avoid them. Addiction Science: A Guide for the Perplexed, 267.
Cheney, L. D. G. (2016). Illustrations for Dante’s Inferno: A Comparative Study of Sandro Botticelli, Giovanni Stradano, and Federico Zuccaro. Cultural and Religious Studies, 4(8), 487.
Verdicchio, M. (2015). Irony and Desire in Dante’s” Inferno” 27. Italica, 285-297.
Sample Answer
Sample Answer
Understanding the Differences: Federal ADEA vs. State-Based Age Discrimination Laws and BFOQ Defenses
Introduction
In the fight against age discrimination, both federal and state laws play a crucial role in protecting workers from unfair treatment based on their age. The primary federal law addressing age discrimination is the Age Discrimination in Employment Act (ADEA), while individual states also have their own age discrimination laws. Additionally, the ADEA provides employers with a “Bona Fide Occupational Qualification” (BFOQ) defense under specific circumstances. This essay will distinguish between the federal ADEA and state-based age discrimination laws while delving into the BFOQ defenses available to employers under the ADEA.
Federal ADEA vs. State-Based Age Discrimination Laws
The federal ADEA, enacted in 1967, prohibits employers from discriminating against individuals who are 40 years of age or older in various aspects of employment, including hiring, firing, promotions, and compensation. It applies to private employers with 20 or more employees, labor organizations, employment agencies, and state and local governments. The ADEA provides a consistent standard across the country, ensuring that older workers are protected from age discrimination at the federal level.
On the other hand, state-based age discrimination laws can vary from state to state. While most states have enacted their own anti-age discrimination statutes, they may have different criteria and coverage compared to the ADEA. Some state laws may provide broader protection by covering employers with fewer employees or by protecting individuals below the age of 40. However, it is important to note that state laws cannot provide less protection than what is guaranteed by the ADEA. In cases where both federal and state laws apply, employees are entitled to the protection that offers them greater benefits.
BFOQ Defenses under the ADEA
Under certain circumstances, employers may invoke a Bona Fide Occupational Qualification (BFOQ) defense under the ADEA. A BFOQ allows an employer to specify a particular characteristic or qualification that is reasonably necessary for the job in question. It provides a limited exception to age discrimination prohibitions when age is deemed a legitimate qualification for a specific position.
To successfully use the BFOQ defense, an employer must demonstrate that age is reasonably necessary to perform the duties of the job effectively and safely. However, this defense is narrowly interpreted by courts and is only applicable in exceptional cases where age is directly linked to the essential requirements of the position. For example, certain jobs in law enforcement or public safety may have mandatory retirement ages due to physical demands or other legitimate reasons.
It is important to note that the BFOQ defense is rarely accepted by courts and should not be used as a pretext for widespread age discrimination. Employers must carefully analyze whether age is truly a valid requirement for a particular role before invoking this defense.
Conclusion
While both federal and state-based age discrimination laws aim to protect workers from unfair treatment based on their age, there are important distinctions between them. The federal ADEA provides consistent standards across the country, while state laws may offer additional or different protections. Employers can invoke a BFOQ defense under the ADEA in exceptional cases where age is reasonably necessary for a specific job requirement. However, this defense is subject to strict scrutiny by courts and should be used sparingly. By understanding these differences and ensuring compliance with both federal and state laws, employers can create fair and inclusive workplaces that value employees of all ages.
