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CRS85-1026SPRp144
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, Joel. Justice. [In] Encyclopedia of Bioethics, v. 2, Reich, Warren T. (ed.) The Free Press, Macmillan Publishing Co., Inc., New York, 1978. p. 802-810. 13;] Ibid. 182/ Christianson, Drew. Ethical Implications of Aging. [In] Encyclo- pedia-of Bioethics, v. 1. Reich, Warren T. (ed.) The Free Press, Macmillan Publishing Co., Inc., New York, 1978. p. 802-810.
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CRS85-1026SPRp147
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CRS-147 harm; 3) the harm that identifiable individuals would suffer if the information is not disclosed would be serious; and 4) appropriate precautions are taken to ensure that only the information needed is actually disclosed. The conditions; under which information will be released can be agreed to before one decides to take part in testing. 1§§/ The principle of equity involves consideration
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CRS85-1026SPRp148
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CRS-148 are intended, in part, to minimize the ethical problems presented in using un- certain test results to make significant employment decisions.i Some of these recommendations may apply to the use of other testing procedures in other public safety occupations: 1. Use the test as only one component of the overall selection process. 2. Select as many tests, evaluations, and procedures as pos
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CRS85-1026SPRp145
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CRS-l45 Are the results of imperfect medical, psychological and/or performance tests relevant criteria on which to base hiring and retirement policies? Is chronological age a relevant characteristic? Would each policy treat like people alike and different people differently? Would each policy treat older people as a special group or as others are treated in society? To what extent would each policy reinforce the social value of justice? To what extent would each policy protect public safety? would either policy require a compromise of the social values of justice and/or public safety? The responses to these questions may vary with the unique character-‘ istics of a specific individual or age-based testing policy and the occu- pation in which it is applied.i There are additional ethical implications for those employment policies based at least partially on the results of individual tests. INDIVIDUAL TESTING Test results are frequently uncertain and ethical problems arise when important decisions must be based on them. The ethical principles that have been developed to help guide the use of testing have come largely from the study of mass preventive screening and genetic screening programs. Some of these principles, such as informed cohsent, confidentiality, and equity, appear to be useful in a consideration of tests used for making employment decisions. Informed consent here refers to the right of a person to participate in testing voluntarily and with an understanding of the implications of partici- pation. This right reflects the social value of individual autonomy. There
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CRS85-1026SPRp143
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CRS-143 Individual Testing Chronological Age "False Positives" 1) People identified as 1) People beyond the having a precursor to a designated age range dangerous condition, but ’ who do not have potentially who do not eventually dangerous conditions. develop the condition. 2) People who are identi- fied as having a condition that is thought to pose a risk to safety, that really does
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CRS85-1026SPRp150
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CR8-150 THE BONA FIDE OCCUPATIONAL QUALIFICATION EXCEPTION TO THE AGE DISCRIMINATION ' IN EMPLOYMENT ACT OF 1967, AS AMENDED* In order to promote equal employment opportunity for older persons, Congress in 1967 enacted the Age Discrimination in Employment Act (ADEA), 1/ which became effective on June 12, l968.—' The stated purposes of the ADEA are as follows: ...[T]o promote employment
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CRS85-1026SPRp152
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;where age is a bona fide occupational qualification éj 14 C.F.R. § 121.383(c) (1985). This regulation is not issued pursuant to the BFOQ exception to the ADEA, but rather is in furtherance of the general F.A.A. authority to "promote safety of flight of civil aircraft in air commerce". 49 U.S.C. § 1421. Q] 5 U.S.C. § 3307. Congress, of course, is not itself bound by the provisions of the ADEA
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CRS85-1026SPRp153
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reports accompanying the original legislation offered guidance on interpreting the age BFOQ. See generally, H.R. Rep. No. 805, 90th Cong., lst Sess. (1967); S. Rep. No. 723, 90th Cong., lst Sess. (1967). .19] 33 Fed. Reg. 9172 (1968), 29 C.F.R. § 860.102(b) (1984). This interpretation was also included in the Equal Employment Opportunity Commission regulations issued in 1978, when that agency took over
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CRS85-1026SPRp151
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CRS-151 iCRS - 2 Arbitrary age limits may not be used as conclusive determinations of nonemployability, so that employment decisions regarding older persons should be based on an individual assessment of each applicant's or employee's potential or ability. The ADEA's provisions apply to employers in the private sector, and, since 1978, to federal, state and local governments
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CRS85-1026SPRp156
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CRS-156 CRS - 7 may lawfully require mandatory retirement at that specified age. 3. Rep. No. 95-493, 95th Cong., Zd Sess. at 10-11 (1977), as reprinted in (1978) U.S. CONG. & AD. NEWS 504, at 513-14. While the amendment was adopted by the Senate, it was later deleted by the Conference Committee because it “neither added to nor worked any change upon present law.”lZ/ When the Equal Employment
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CRS85-1026SPRp154
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BFOQ relied upon as a proxy for a safety-related job qualification be reasonably necessary to the particular business in one ll] See, for a discussion of the court cases on this subject, Note, "Striking a Balance Between the Interests of Public Safety and the Rights of Older Workers: The Age BFOQ Defense", 39 WASH. & LEE L. REV. 1371 (1982). _1_2_/ 499 F.2d 859 (7th cm. 1974). 1 / 531 F
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CRS85-1026SPRp155
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‘ CRS-155 CR3 -’6 of two ways. The employer could establish that it "had reasonable cause to believe, that is, a factual basis for believing, that all or substantially all (persons over the age limit) would be unable to perform safely and 15/ efficiently the duties of the job involved".——- Or, the employer could justify his safety—related BFOQ by establishing that it is "
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CRS85-1026SPRp159
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CRS-159 APPENHIX :1 Source: Health Risk Appraisals: An Inventory, prepared by the National Health Information Clearinghouse and published by the Office of Health Information, Health Promotion, Physical Fitness and Sports Medicine, Washington. DHHS (PHS) Pub. no. 81-S0163, 1981.
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CRS85-1026SPRp161
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‘e 5 .1 ways to reduce appraisal age. 0 $8 per evaluation; volume discounts available: group profiles available. HEALTH HAZARD APPRAISAL QUES- TIONNAIRE University of California Department of Epidemiology and International Health 1699 HSW San Francisco. CA 94143 ATTN: Theresa L. Braun '(415)666-I158 Questionnaire: Personal and Family medical history are substantial parts of this questionnaire
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CRS85-1026SPRp160
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. history of serious diseases. and number of cigarettes smoked per day. Profile: In brochure format with a print- out attached. the profile explains risks and how they are computed. compares the in- dividuals measurements to "normal" values. and gives appraisal and achievable ages. 0 $10 per evaluation; volume discounts available. COMPUTES Overman Associates P.O. Box 171 Bonne Terre. MO 63623 AT
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CRS85-1026SPRp157
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CRS-157 CRS - 8 Most recently, the U.S. Supreme Court has expressed approval of the Tamiami BFOQ test in Western Air Lines, Inc. v. Criswell, 53 U.S.L.W. 4766 (1985). The Court said "[c]onsidering the narrow language of the BFOQ exception, the parallel treatment of such questions under Title VII, and the uniform application of the standard by the federal courts, the EEOC and Congress, we
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CRS85-1026SPRp158
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CRS-158 * ‘ CRS - 9 order to justify an age BFOQ for safety-related reasons an employer must show that the age discrimination is reasonably necessary to the essence of the business in one of two ways: either the employer must show that he has reasonable cause, i.e., a factual basis to believe, that all or substantially all persons over the targeted age were incapable of safe and efficient
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An overview of the farmland retention issue
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1983
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Richard W. Dunford is an Associate Professor in the Department of Agricultural Economics at Washington State University (Pullman). He has written extensively on rural land use problems, conflicts, and policies. This report was prepared for the Environment and Natural Resources Policy Division of the Congressional Research Service in the Library of Congress (Washington, D.C.) in partial fulfillment of contract 83-30., This overview of the complex farmland retention issue begins with a reveiew of recent empirical evidence on farmland conversion trends. Concerns associated with farmland conversion are then presented and analyzed. State and local farmland retention efforts are summarized in the third section. Finally, Federal farmland retention efforts to date are examined.
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