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Affirmative defense to discrimination prima facie
- 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.
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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. 42 U.S. Code § 2000e-2 allows for an employer to discriminate against employees and potential employees "on the basis of his religion, sex, or national ...
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Dec 5, 2014 · Definition of Bona Fide Occupational Qualification. Noun. A valid defense to otherwise recognized discrimination such as mandatory retirement at a certain age for airline pilots, for safety reasons, or a religious school requiring its principal or deans to be members of its religious sect.
- Definition of Bona FIDE Occupational QualificationNoun 1. A valid defense to otherwise recognized discrimination such as mandatory retirement at a certain age for airline pilots, for safety reasons...
- History of Permissible DiscriminationTitle 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...
- Examples of Acceptable and Unacceptable BFOQsSome jobs require attributes that would, under other circumstances, be considered discrimination, including: 1. Mandatory retirement ages for publi...
- Deciding What Qualifies as A Bona FIDE Occupational QualificationJust what qualifies as a Bona Fide Occupational Qualification is not set in stone. The Equal Employment Opportunity Commission (“EEOC”) maintains a...
- Related Legal Terms and Issues1. 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...
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 ...
Nov 13, 2019 · Updated on November 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.
- Linda Napikoski
This document addresses the scope and application of Title VII’s statutory provision permitting assignments based on sex where a “bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.”
The meaning of BONA FIDE OCCUPATIONAL QUALIFICATION is a requirement (as relating to sex, religion, national origin, or age) for a particular job that does not violate the constitutional bans on discrimination.
Oct 25, 2023 · The EEOC has provided guidance based on case law and a thorough examination of the explanations given by employers for BFOQ exceptions based on national origin, religion, and gender. In general, to claim a BFOQ exception, employers must: Show that the essence of the business would be undermined if the EEOC did not grant the requested exception.
