Which of the following is an example of a bona fide occupational qualification?

Bona fide occupational qualifications (BFOQ) are employment qualifications that employers are allowed to consider while making decisions about hiring and retention of employees. The qualification should relate to an essential job duty and is considered necessary for operation of the particular business.

The Bona Fide Occupational Qualifications rule allows for the hiring of individuals based on race, sex, age, and national origin if these characteristics are bona fide occupational qualifications. This is an exception and complete defense to Title VII of the Civil Rights Act of 1964 which protects employees from discrimination based on religion, sex, age, national origin and color at the workplace.

In order to establish the defense of bona fide occupational qualification, an employer must prove the requirement is necessary to the success of the business and that a definable group or class of employees would be unable to perform the job safely and efficiently. An employer should demonstrate a necessity for a certain type of workers because all others do not have certain characteristics necessary for employment success. However the employer's motivation for excluding the protected class is not significant in evaluating the BFOQ defense. The inquiry focuses on the necessity of using an expressly forbidden classification.

Examples of BFOQ's are: mandatory retirement ages for bus drivers and airplane pilots for safety reasons, churches requiring members of its clergy to be of a certain denomination and may lawfully bar, from employment, anyone who is not a member. However, for positions at a church such as janitors, discrimination based on religious denomination would be illegal because religion has no effect on a person's ability to fulfill the duties of the job. Other examples of bona fide occupation qualifications include the use of models and actors for the purpose of authenticity or genuineness, the requirement of emergency personnel to be bilingual, judged on language competency, not national origin.

Example of a portion of a statute in Illinois mentioning bona fide occupational qualification

775 ILCS 5/2-104 [ Illinois Human rights Act, Article 2 Employment] Exemptions

Sec. 2-104. Exemptions. (A) Nothing contained in this Act shall prohibit an employer, employment agency or labor organization from:

(1) Bona Fide Qualification. Hiring or selecting between persons for bona fide occupational qualifications or any reason except those civil-rights violations specifically identified in this Article.

As a new HR professional you will want to be aware of the BFOQ doctrine. BFOQ stands for Bona Fide Occupational Qualification. It allows a company to discriminate on the basis of national origin, sex, religion or age in rare, unique sitautions that are logically necessary for the business. A BFOQ is based on objective facts, reason, and logic, not on stereotypes, prejudice, or bias. The following article will help to define what a BFOQ is, when to use it, and when not to use it.

Remember:  BFOQ is rarely used. When it comes up it’s usually when you are writing a job description and defining what a position does within your company. When a BFOQ is used, it’s very limited and narrow in it’s defense of protected categories. BFOQs are not meant to be interpreted broadly because it should not be used as an excuse for why discrimination happens.

What Are Bona Fide Occupational Qualifications (BFOQs)?

Bona Fide Occupational Qualifications is a term that originates in Title VII of the Civil Rights Act (1964). It allows discriminatory practices in employment if a person’s religion, sex, or national origin are reasonably necessary to perform a job of a particular business. BFOQ allows an employer to exclude persons on otherwise illegal bases of consideration (for example, gender or age). The business or company needs to show that such factors are essential in performing that particular job.  If a company cannot prove that these factors are essential in the completion of the job, then the discrepancy in hiring falls into discrimination and legal action.

The Importance of Understanding BFOQs

An HR professional needs to be aware of the BFOQ doctrine because of the responsibility they have in making sure the company is legally compliant in creating an ethical and fair workplace for the company and the employees. There are rare opportunities in using BFOQs that come into play in a few areas, including job descriptions.

• Laws. The EEOC laws in hiring are plain and direct about discriminiation, but there is an exception and that is where BFOQs come into play. An attribute or quality that is necessary to the function of a job can be considered when interviewing applicants. For example, a religious institution when hiring will want to make sure you are a member of its religion.
• Responsibility. The business has the responsibility and burden of demonstrating reasonably and verifiably why the job requires gender, religion, or national origin (BFOQ). They have to show why these traits are necessary in performing the job. The BFOQ needs to clearly prove and persuade how it serves a business purpose.
• Job Descriptions. When writing a job description, never assume a need for a BFOQ. This is one way that one comes across as being biased and intentionally discriminating. A job description lays out the essential functions and responsibilities of a job.

How to Know If Something Is a BFOQ

Since this is a legal issue, it’s important to understand the usage of BFOQs and recognize when they come into play. Typically an HR professional will run into BFOQs when interviewing or writing job descriptions. The steps below lay out things to keep in mind when determining a BFOQ.

Step 1: Assess Business Need

Be objective, reasonable, and specific to the business need to justify any BFOQ. Focus on how it’s essential for the success of the business and that there is no other legitimate way to discriminate based on the permissible protected categories.

Step 2: Consider Bias

As you work through proving a need for a BFOQ, make sure that you are aware of any stereotypes, biases, and assumptions about people that could be used to argue that your business is discriminating. Use appropriate assessments, rational witnesses, and research based data when making decisions.This way you will be able to prove that you are working towards ethical and fair decisions that demonstrate a business need.

Step 3: Teach Respect

Whether your company has or has not used a BFOQ at any time, it will be important to work towards equality and respect for all employees in the workplace. This will be key in a business moving forward successfully. This can be done through offering diversity education/training or conducting a diversity audit.

Examples of Bona Fide Occupational Qualifications

If you are not sure what qualifies as a BFOQ, below are some examples:

• Being female for a women’s bathing suit model.
• A religious institution may require that its clergy share the religious beliefs of the hiring institution. Title VII permits religious organizations to hire and employ people on the basis of religion.
• A theater hiring performers for male roles may exclude female applicants from consideration.
• Setting a mandatory retirement age for airline pilots. This age restriction is to achieve public safety.
• If an essence of a restaurant relies on one sex versus another (e.g., Hooters), they may not be required to hire male servers.

Examples of Job Qualifications that Are Not BFOQs

Below are illegal applications of BFOQs:

• Race has never been a BFOQ. This is not favored legally or ethically. It is believed that there is never a situation where the color of skin matters when performing a job.
• Not hiring someone who has a strong accent. It’s acceptable for a business to want to hire someone who can clearly and comprehensibly speak but this can be seen as national origin discrimination.
• Outside of the health care world, if a customer has a preference as to whether the person who helps them is male or female does not sustain the need for a BFOQ.

What is an example of bona fide occupational qualification?

What is a bona fide occupational qualification quizlet?

Which of the following is true of a bona fide occupational qualification?