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Dec 5, 2014 · The concept of Bona Fide Occupational Qualifications (“BFOQ”) allows employers to hire individuals based on their age, sex, race, national origin, or religion, if these specific qualifications are considered essential to the job, or considered vital to the business’ operation.
- Noun 1. A valid defense to otherwise recognized discrimination such as mandatory retirement at a certain age for airline pilots, for safety reasons...
- Title VII of the Civil Rights Act of 1964 made it unlawful for any employer or employment agency to refuse or fail to hire, or to discharge, withho...
- Some jobs require attributes that would, under other circumstances, be considered discrimination, including: 1. Mandatory retirement ages for publi...
- Just what qualifies as a Bona Fide Occupational Qualification is not set in stone. The Equal Employment Opportunity Commission (“EEOC”) maintains a...
- 1. Difference between race and national origin: On the surface, a person’s race and national origin seem to be the same, but the law views the two...
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What are bona fide occupational qualifications (BFOQ)?
When is a bona fide occupational qualification invoked?
Should a bona fide occupational qualification exception be interpreted narrowly?
What is an example of a bona fide occupational qualification?
A bona fide occupational qualification or BFOQ is an affirmative defense to discrimination prima facie. Bona fide occupational qualifications can be made for national origin, religion, and sex.
- 2 The BFOQ Based on National Origin
- 3 The BFOQ Based on Religion
- 4 The BFOQ Based on Sex
- 5 Justifications Frequently Offered For The Sex BFOQ Claim -
- 8 Same-Sex Role Models
(1) List the reasons cited by the employer for excluding persons of other national origins from consideration for the job in question. (2) Identify the essence of the employer's business. (For a discussion of "essence" and related considerations, see §625.4(b)(2) below.) For example, assume an employer operates a school for persons interested in le...
(1) List the reasons cited by the employer for excluding members of other religions from consideration for the job in question. (2) Identify the essence of the employer's business. (For a discussion of essence and related considerations, see §625.4(b)(2) below.) (3) Determine whether the essence of the business would be undermined if the employer d...
The Commission has further declared that only characteristics peculiar to one of the sexes qualify for the BFOQ exception, and this position has also been endorsed by the courts. Generally, the BFOQ exception comes into play when an employer takes adverse action against or excludes either males or females from a particular job because of their sex ...
The following justifications have frequently, and unsuccessfully, been offered by respondent employers in support of a sex BFOQ:
(1) Ascertain whether providing a same-sex role model to fill the psychological needs of clients is necessary to the normal operation of the employer's business. For example, assume the employer is a job training center for ex-convicts who report for instruction twice each week. The employer may contend that its clients, the ex-convicts, need a sam...
In employment law, a bona fide occupational qualification (BFOQ) (US), bona fide occupational requirement (BFOR) (Canada), or genuine occupational qualification (GOQ) (UK) is a quality or an attribute that employers are allowed to consider when making decisions on the hiring and retention of employees—a quality that when considered in other ...
What Is a Bona Fide Occupational Qualification? A bona fide occupational qualification (BFOQ) is a legally allowed restriction of hiring and employing a person based on their sex, religion, or national origin.
Nov 13, 2019 · A bona fide occupational qualification, also known as BFOQ, is a characteristic or attribute required for a job that could be considered discrimination if it were not necessary to perform the job in question, or if the job were unsafe for one category of people but not another.
There are situations where employment discrimination is allowable under both federal and NYS law. An employer can discriminate if the employer establishes a lawful job-related reason for the discrimination. This is called a bona fide occupational qualification or BFOQ. So how does BFOQ work?
