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 ?
I have often found that students do not clearly understand the concept of Bona Fide Occupational Qualifications, without seeing specific examples of BFOQs.
This case examines the Bona Fide Occupational Qualification (BFOQ) exception in discrimination cases.
It is hypothesized that individuals working in occupations with strict physical requirements (including bona fide occupational qualifications) would more easily recognize the need to consider less physically demanding occupations as they move into later career stages (Brewington & Nassar-McMillan, 2000).
She provides an overview of human rights rulings and discusses three fundamental concepts in human tights law: the duty to accommodate, bona fide occupational qualifications, and the distinction between direct and indirect discrimination.
The name given to this clause was Bona Fide Occupational Qualifications (BFOQ).
If an airline may give preference to females only as stewardesses, i.e., if sex is a bona fide occupational qualification for the job of airline stewardesses, it would follow that an airline company could impose further qualifications with respect to such jobs and require that the employee be single and under a certain age.
Republican Representative Charles Goodell of New York, the crafter of the BFOQ provision, added this reassuring comment to the House floor debate: There are so many instances where the matter of sex is a bona fide occupational qualification. For instance, I think of an elderly woman who wants a female nurse.
In a 3-1 decision, the EEOC Commissioners ruled as a result of the September 1967 hearings that female sex was not a bona fide occupational qualification for the job of flight attendant.