Dictionary Search: "Qualification"

Bad-boy disqualification

an issuer's disqualification from certain sec-registration exemptions as a result of the issuer's securities-law violations.

Qualification

1. The possession of qualities or properties (such as fitness or capacity) inherently or legally necessary to make one eligible for a position or office, or to perform a public duty or function <voter qualification requires one to meet residency, age, and registration requirements>. 2. A modification or limitation of terms or language; esp., a restriction of terms that would otherwise be interpreted broadly <the contract contained a qualification requiring the lessor's permission before exercising the right to sublet>. 3. CHARACTERIZATION (1). - qualify, vb.

bona fide occupational qualification.

An employment qualification that, although it may discriminate against a protected class (such as sex, religion, or national origin), relates to an essential job duty and is considered reasonably necessary to the operation of the particular business. 0 Such a qualification is not illegal under federal employment-discrimination laws. - Abbr. BFOQ. "The bona fide occupational qualification is a complete defense. It is invoked when the defendant makes a distinction expressly forbidden by Title VII, such as the refusal to hire women or women with preschool-age children, the reassignment of pregnant employees, or the exclusion of particular ethnic groups from particular jobs .... The employer's motivation for excluding the protected class is not significant in evaluating the BFOQ defense. The inquiry focuses on the necessity of using an expressly forbidden classification. The fact that the employer adopted the exclusion for invidious reasons, rather

disqualification,

n. 1. Something that makes one ineligible; esp., a bias or conflict of interest that prevents a judge or juror from impartially hearing a case, or that prevents a lawyer from representing a party

imputed disqualification.

See vicarious disqualification under DISQUALIFICATION.

vicarious disqualification

Disqualification of all the lawyers in a firm or in an office because one of the lawyers is ethically disqualified from representing the client at issue. - Also termed imputed disqualification"In general, disqualification of a lawyer from representation, at least in multiple client-conflict scenarios, means disqualification of that lawyer's entire firm from the same representation. When a lawyer has been exclusively or chiefly responsible for