Some examples of allowable BFOQ are:
- Airline pilots and bus drivers who are assigned a mandatory retirement age.
- Church employees who must be a member of the denomination to fulfill job duties.
- Models or actors who need to show authenticity in a role.
- Airline pilots and bus drivers who are assigned a mandatory retirement age.
- Church employees who must be a member of the denomination to fulfill job duties.
- Models or actors who need to show authenticity in a role.
Which of the following is an example of BFOQ?
Some examples of allowable BFOQ are: 1 Airline pilots and bus drivers who are assigned a mandatory retirement age. 2 Church employees who must be a member of the denomination to fulfill job duties. 3 Models or actors who need to show authenticity in a role.
What are some examples of allowable BFOQ?
Some examples of allowable BFOQ are: Airline pilots and bus drivers who are assigned a mandatory retirement age. Church employees who must be a member of the denomination to fulfill job duties.
What does BFOQ stand for?
That exception, called the bona fide occupational qualification (BFOQ), recognizes that in some extremely rare instances a person's sex, religion, or national origin may be reasonably necessary to carrying out a particular job function in the normal operation of an employer's business or enterprise.”
When can an employer use the BFOQ Exception?
Under the terms of §703 (e) (1), once an employer's exclusion of a protected class from a particular job has been proved or admitted, then the employer may use the BFOQ exception to justify restricting the job in question to members of a particular sex, religion, or national origin (but never to members of a particular race. [3]
What is considered a bona fide occupational qualification?
A BFOQ allows employers to base employment decisions for a particular job on such factors as sex, religion or national origin if they are able to demonstrate that such factors are an essential qualification for performing a particular job.
What is a BFOQ question?
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.
What are some examples of business necessity?
What Are Examples of a Business Necessity?Educational requirements. Many job listings mention a minimum requirement for completed education. ... Experiential requirements. Companies may also require job applicants to have a certain number of years of experience in a similar field. ... Travel requirements.
Is gender a bona fide occupational qualification?
The bona fide occupational qualification (“BFOQ”) is defense that an employer can use to justify intentional discrimination in some circumstances. For example, gender discrimination is illegal.
How do you prove bona fide occupational requirement?
IV. Bona Fide Occupational Requirement (BFOR)the employer has adopted for a purpose or goal that is rationally connected to the functions of the position;the employer has adopted in good faith, in the belief that they are necessary to fulfill the purpose or goal; and.More items...
Is weight a bona fide occupational qualification?
An employer may have a bona fide occupational qualification on the basis of religion, national origin, sex, age, or marital status, height and weight without obtaining prior exemption from the commission, provided that an employer who does not obtain an exemption shall have the burden of establishing that the ...
How can a business necessity be demonstrated?
To establish business necessity an employer must prove that the practice is job related and consistent with business necessity. It is unlawful to discriminate against an employee because of race in any aspect of the job, hiring, training, promotion, firing, benefits, and privileges.
What is considered necessity of the business?
A business necessity is a legitimate business purpose that justifies an employment decision as effective and needed to optimally achieve the organization's goals and ensure that operations run safely and efficiently.
What is the four-fifths rule?
The Four-Fifths rule states that if the selection rate for a certain group is less than 80 percent of that of the group with the highest selection rate, there is adverse impact on that group.
Is Hooters bona fide occupational qualification?
Hooters maintains that it's on the right side of the law by claiming “bona fide occupational qualification” based on the essence of its business model. Hooters states that the “Hooters Girl” is the foundation of its business.
Which of the following is one of the grounds on which a bona fide occupational qualification BFOQ Cannot be based?
Which of the following is one of the grounds on which a bona fide occupational qualification (BFOQ) cannot be based? Race to hire a construction worker.
Is age a BFOQ?
Bona Fide Occupational Qualifications ("BFOQ"): Under the ADEA, it is unlawful for an agency to discriminate on the basis of age unless the agency can establish that the age limitation is a bona fide occupational qualification necessary to the performance of the duties of the position.
What is BFOQ under Title VII?
A limited exception to the prohibitions against employment discrimination based on sex, religion, or national origin under Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C.
What are bona fide occupational qualifications quizlet?
bona fide occupational qualifications. Suitable defense against a discrimination charge only when age, religion, sex, or national origin is an actual qualification for performing the job. business necessity.
What is the four fifths rule?
The Four-Fifths rule states that if the selection rate for a certain group is less than 80 percent of that of the group with the highest selection rate, there is adverse impact on that group.
What is business necessity defense?
[2] "Business necessity" is the defense to a claim of disparate impact under Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin.
Definition of Bona FIDE Occupational Qualification
Noun 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 Discrimination
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...
Examples of Acceptable and Unacceptable BFOQs
Some 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 Qualification
Just 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 Issues
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...
What is a BFOQ?
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. Hiring employees with BFOQs may be considered a valid defense ...
What does "retired" mean in the military?
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.
What is the job requirement to be bilingual?
A job requirement to be bilingual is required to be judged based on an applicant’s competency in the particular language, rather than their national origin. Customer preference or satisfaction, such as consumers’ perceived preference for female airline attendants, or male mechanics, is generally not an acceptable BFOQ.
What is the history of discrimination?
History of Permissible Discrimination. 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, withhold privileges of employment, or reduce compensation to someone based on that individual’s race, color, religion, sex, or national origin.
What is national origin?
National origin, however, refers to the country or region a person came from, or in which their ancestors originated. In today’s global community, populations are diverse, making it less likely that a person’s national origin will dictate their race or physical characteristics.
What is the difference between national origin and race?
This is because the term “race” refers to a person’s physical characteristics, such as skin color, hair type, eye shape, and other traits. National origin , however, refers to the country or region a person came from , or in which their ancestors originated. In today’s global community, populations are diverse, making it less likely that a person’s national origin will dictate their race or physical characteristics.
Is hiring employees with BFOQs a valid defense?
Hiring employees with BFOQs may be considered a valid defense to Title VII of the Civil Rights Act of 1964, which has protected individuals from discrimination based such attributes for half a century. To explore this concept, consider the following Bona Fide Occupational Qualifications definition.
What is the Bona Fide rule?
The Bona Fide Occupational Qualifications rule is the exception to Title VII of the Civil Rights Act, which prohibits employment discrimination “based on race, color, religion, sex and national origin.”.
What are some examples of invalid BFOQ claims?
For additional context, here are some examples of invalid BFOQ claims: Females can’t do the work. The job is too dangerous or unpleasant for women. The employer or its managers, other employees, clients, or customers prefer males/females even though the work isn’t reliant on a specific gender to fulfill a job role .
What is the title of the Civil Rights Act of 1964?
Title VII of the Civil Rights Act of 1964 is the law that is established regarding the illegality of employment discrimination. Within that law is a statutory provision titled CM-625 Bona Fide Occupational Qualifications, which contains an exception to Title VII’s “prohibition of discrimination based on sex, religion, or national origin.
How to verify a BFOQ?
When a claim of BFOQ is made, the employer must take the following steps to verify their stance: List reasons for the exclusion of a person. Identify the “essence” of the business. Determine how the business “essence” would be undermined without BFOQ.
What is a BFOQ?
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. To be defined as legal, or “bona fide,” the qualifications should relate to the particular business’s necessary operations, as well as the position’s essential job functions.
Is age discrimination a BFOQ?
The Age Discrimination Act of 1967 makes it unlawful for employers to discriminate based on age. However, the act does contain a BFOQ exemption for age, due to safety considerations of certain jobs being performed. This is the case with airline pilots and bus drivers.
Is race allowed in BFOQ?
As you can see, the scope of allowance is quite narrow when it comes to bona fide occupational qualifications, and race is never allowed as a BFOQ. For additional context, here are some examples of invalid BFOQ claims:
by Emily Kranendonk
As a new HR professional you will want to be aware of the BFOQ doctrine. BFOQ stands for Bona Fide Occupational Qualification. It allows a company to discriminate on the basis of national origin, sex, religion or age in rare, unique sitautions that are logically necessary for the business.
What Are Bona Fide Occupational Qualifications (BFOQs)?
Bona Fide Occupational Qualifications is a term that originates in Title VII of the Civil Rights Act (1964). It allows discriminatory practices in employment if a person’s religion, sex, or national origin are reasonably necessary to perform a job of a particular business.
The Importance of Understanding BFOQs
An HR professional needs to be aware of the BFOQ doctrine because of the responsibility they have in making sure the company is legally compliant in creating an ethical and fair workplace for the company and the employees. There are rare opportunities in using BFOQs that come into play in a few areas, including job descriptions.
How to Know If Something Is a BFOQ
Since this is a legal issue, it’s important to understand the usage of BFOQs and recognize when they come into play. Typically an HR professional will run into BFOQs when interviewing or writing job descriptions. The steps below lay out things to keep in mind when determining a BFOQ.
Examples of Bona Fide Occupational Qualifications
If you are not sure what qualifies as a BFOQ, below are some examples:
Emily Kranendonk
Emily is the HR Manager for PatientBond. She is the excited for the opportunity of creating an HR department with her current employer. Emily pursued a Master’s in Human Resources from USU and comes with 4 years of experience from various companies. Emily serves as the Director of Social Media for the Salt Lake SHRM chapter.
What is the BFOQ exception?
In order to use the BFOQ exception, an employer must prove that no member of the group you are discriminating against could perform the job. Using the religious example above, a Lutheran church would argue that only a Lutheran could effectively practice and preach the tenants of their religion and a Catholic would be unable to perform the job due to his or her beliefs.
What is an employment law attorney?
An employment law attorney can help you determine whether a certain job requirement can legally be called a bona fide occupational qualification. Don't take any chances; get help today from a local employment law attorney.
What is a BFOQ?
The law allows for these sorts of employment considerations through what is known as a bona fide occupational qualification (BFOQ) exception.
Is discrimination against people based on race, religion, gender, national origin, age or other protected status?
Discrimination against people based on their race, religion, gender, national origin, age or other protected status is generally prohibited under the laws of the U.S. However, in some rare circumstances, the very nature of the job requires you to choose candidates based on what are otherwise protected characteristics.
Overview
42 U.S.
Further Reading
For more on bona fide occupational qualifications, see this University of Cincinnati Law Review article, this Louisiana State University Law Review article, and this Journal of Business Studies Quarterly article.
What is the Supreme Court case in Dothard v Rawlinson?
321, 14 EPD ¶7632 (1977), the U.S. Supreme Court examined the issue of a same-sex BFOQ for "contact" positions in Alabama's maximum security, all-male prisons. Since the decision was limited to the specific facts of that case, Dothard 's rationale can be applied to only a select few cases involving the BFOQ exception for "contact" positions in prisons.
What is the BFOQ exception?
Section 703 (e) (1) extends the BFOQ exception to national origin as well as to religion and sex. The Commission's existing Guidelines on Discrimination Because of National Origin, 29 C.F.R. §1606.1 et seq. (1980), were revised, and the amended Guidelines became effective upon publication in the Federal Register on December 29, 1980. In §1606.4 of the revised Guidelines, the Commission restated its long-held position: "The exception stated in Section 703 (e) of Title VII, that national origin may be a bona fide occupational qualification, shall be strictly construed." 45 Fed. Reg. 85632 (1980) (to be codified in 29 C.F.R. §1606.4). To date, neither the Commission nor the courts have issued a decision squarely reaching the application of the national origin BFOQ exception to a specific fact situation. However, the issue was presented for consideration on remand in Avigliano v. Sumitomo Shoji America, Inc., 638 F.2d 552, 24 EPD ¶31,460 (2d Cir. 1981).
What is a BFOQ?
That exception, called the bona fide occupational qualification (BFOQ), recognizes that in some extremely rare instances a person's sex, religion, or national origin may be reasonably necessary to carrying out a particular job function in the normal operation of an employer's [2] business or enterprise. The protected class of race is not included in the statutory exception and clearly cannot, under any circumstances, be considered a BFOQ for any job. Swint v. Pullman-Standard, 624 F.2d 525, 23 EPD ¶31,186 (5th Cir. 1980); Miller v. Texas State Board of Barber Examiners, 615 F.2d 650, 22 EPD ¶30,839 (5th Cir. 1980), cert. denied, 449 U.S. 891, 24 EPD ¶31,256 (1980).
What are the duties of a prison guard?
For example, the duties of a prison guard's job might include conducting skin searches of prisoners and observing prisoners while they shower, and the duties of some hospital personnel might involve bathing patients. Because of the nature of these duties, the employer might claim a same-sex BFOQ for the position.
What is contact position?
"Contact" positions are jobs in which the employee's duties include physical contact with or visual observation of the clients/inmates. As used in the context of this section, institutional settings are facilities designed to confine persons removed from the mainstream of society as a result of, for example, criminal conviction, delinquent behavior, mental or physical illness or infirmity, or advanced age. They include, but are not limited to, prisons, reformatories, mental institutions, hospitals, and homes for the aged or infirm.
Bona Fide Occupational Qualification, a Case Study – The Borgata Babes
Not long ago, the Borgata Casino in Atlantic City, NJ came under fire for its weight limit for cocktail servers, known as “Borgata Babes.” In defending the weight limit, the Casino alleged that it was part of the appearance that being a cocktail server at Borgata entailed.
Examples
Age: Mandatory retirement ages for airline pilots and law enforcement for safety reasons and fitness requirements.
