Bona Fide Occupational Qualification (BFOQ) | Practical Law

Bona Fide Occupational Qualification (BFOQ) | Practical Law

Bona Fide Occupational Qualification (BFOQ)

Bona Fide Occupational Qualification (BFOQ)

Practical Law Glossary Item 5-501-6343 (Approx. 3 pages)

Glossary

Bona Fide Occupational Qualification (BFOQ)

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. § 2000e and based on age under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-34.
The BFOQ exception applies where an employer can prove that an employment preference based on one of these protected class characteristics is reasonably necessary to the normal operation of its particular business or enterprise. For example, a women's clothing store may legitimately hire female rather than male models. The BFOQ exception is disfavored and construed narrowly. Employers attempting to use the BFOQ exception as a legal defense must be prepared to explain why its bias on the basis of sex, religion, national origin, or age is truly necessary to the position in the context of the business or enterprise.