187, 201 (1991) ("The BFOQ
defense is written narrowly, and
Given that cognitive testing falls within the category of prohibited disadvantages that may not be imposed on an age-related basis, the employer may justify it by claiming that intact cognitive skills are a bona fide occupational qualification (or "BFOQ
") for the physicians it employs.
2004) (upholding sex as a BFOQ
in case in which only women were hired to
Second, the closely related ministerial exception applies to "a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities." (124) Initially referred to as the McClure (125) exception from the case in which it was enunciated, this measure places the burden of proof of the necessity of BFOQs
on employers even if individuals are not ordained clerics.
And, in this respect, Justice Marshall's concerns regarding the malleability of the BFOQ
were prescient, not only in the context of the BFOQ
defense itself but also in the related analysis employed in the "business-necessity" defense announced the following year in Griggs.
stereotypes migrated from the EEOC guidelines on the BFOQ
(27) to state
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.
occupational qualification (BFOQ
) sight requirement because of their
This exception, entitled a BFOQ
(Bona Fide Occupational Qualification), permits organizations to base employment decisions on religious preference, gender or national origin if it can be demonstrated that these specific socio-demographic characteristics are "reasonably necessary to the normal operation of that particular business or enterprise" (42 U.S.C.S.
Section 4(f)(1) of the ADEA allows an employer to take "any action otherwise prohibited" when age is a "bona fide occupational qualification" (BFOQ
The Supreme Court reversed in a per curiam opinion, without ever mentioning "sex-plus." (114) In one paragraph, the Court held that the adoption of one policy for women with children and another for men with children triggered the requirement that a defendant-employer prove a "bona fide occupational qualification" (BFOQ