bona fide occupational qualification

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bona fide occupational qualification

A factor used to determine whether a person can be employed1 in an position based on a parameter (e.g., the person’s sex) that might otherwise be viewed as discriminatory—e.g., the hiring by an airline of a female for the position of flight attendant is not acceptable either because the company assumes that females are more caring and effective in soothing passengers, or because the airline wishes to project a more “attractive” image, whereas on the other hand, a person’s sex can be viewed as a BFOQ in some certain situations, such as hiring male guards over female guards in an understaffed high-security male prison which has a high number of sex offenders.
References in periodicals archive ?
As previously discussed, BFOQ defenses are not normally available when based upon the privacy concerns of prison inmates.
Similarly, a women's clothing catalog may legally turn away male models on the basis that being a female is a BFOQ for modeling evening gowns, bikinis and bras.
practice or a sex-based dress and grooming rule is a BFOQ.
79) See Singh, supra note 5, at 70 (discussing the Second Circuit decision in Sumitomo which concluded that the BFOQ must be read in such a way as to "give[] due weight to the Treaty rights and the unique requirements of a Japanese company doing business in the United States"); see generally, Kimm, supra note 58, at 113-47 (discussing the treaty cases and concluding there must be changes in the law and guidance from the three branches of government).
It suggests that although the court adhered to the narrow BFOQ defense, it recognized that the case was on a point of great tension.
firm Fowler White Boggs, said a BFOQ defense in this case would be a difficult one to mount because the credit union would have to show that there was something about working at PSFCU that only Poles could do.
The only other recognized BFOQ defenses have been 'authenticity in a theatrical setting' or privacy-related.
It must be underscored that with the BFOQ defense, the employer admits that age was a factor in the decision to fire or to not hire, and the employer has a legally justifiable excuse for the need to rely on age.
55) However, in order for the BFOQ to be allowed under [section] 4(f)(1), the age-based discrimination must be "reasonably necessary to the normal operation of the particular business.
This student would denote that the plaintiffs' log of preferential treatment and perceived discriminatory behavior would be difficult to disprove since the BFOQ defense does not seem to apply.
The Court interpreted the statutory defense of BFOQ under Title VII as narrow.