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 ?
62) Moreover, the majority held (over a passionate dissent by Justices Marshall and Brennan) that the sex-matching requirements could be justified under the BFOQ defense, on the ground that sex offenders and other prisoners might be especially likely to assault female guards.
A position with a BFOQ is one that would not exist if it were not held by a person of given gender or national origin, he explained.
Even if the courts would uphold the sexy uniforms for women as BFOQs, casino employers would still be liable for unwelcome sexual harassment by customers, co-workers, or supervisors of women employees of which the casinos have notice or constructive notice.
TWA argued that the age-based transfer policy from captain to flight engineer was justified by the BFOQ defense.
The defendant offered no BFOQ distinction between married men and married women.
An example of a BFOQ is hiring only women to model women's makeup or women's bathing suits.
The opinion points out, however, that the BFOQ defense has been narrowly limited to qualifications affecting an employee's ability to do the job, a requirement which a female employee of a battery manufacturer could satisfy as well as a male employee.
Title VII) A strict interpretation of the BFOQ would allow employers to hire exclusively one sex in very limited cases, as a theater troupe filling a female or a male role.
123) The BFOQ defense permits an employer to discriminate on the basis of sex, religion, or national origin where these criteria are "reasonably necessary to the normal operation of that particular business or enterprise.
Only where the protected classification itself, as opposed to a characteristic that is correlated to a protected classification, is a BFOQ are employment practices exempted from Title VII and the ADEA by the BFOQ exemptions.