BFOQ Legal Provision

Bona Fide Occupational Qualification (BFOQ) is a provision in the United States employment law. This provision is a defense to recognized discrimination that is usually based on the presence of a facially discriminatory policy. An example of a facially discriminatory policy is a policy that people beyond 50 years shall not be employed as police officers. In U.S. employment discrimination law, Bona Fide Occupational Qualification policy is contained in Title VII of the 1964 Civil Rights Act and the Age Discrimination in Employment Act.

Generally, a Bona Fide Occupational Qualification is an employment requirement that is logically necessary to the ordinary performance of a job. As a provision in employment law, Bona Fide Occupational Qualification has certain requirements and can be applied in various situations where it has considerable impacts on people. Law of Bona Fide Occupational Qualification Employment laws in the United States generally prohibit discrimination against people on the basis of race, nationality, religion, age, and other safeguarded statuses.

However, in some situations the nature of the job itself necessitates the selection of candidates based on factors that are basically protected characteristics (FindLaw, p.1). Despite ensuring protection against discrimination, the employment laws provide these kinds of employment considerations through a provision that is known as a bona fide occupational qualification exception. A BFOQ exception is a legal requirement that is logically necessary to the typical performance of a job such being a particular gender or age or having the capability to lift a particular amount of weight.

This implies that without fulfilling such requirements, the candidate or employee would be unable to perform the job. According to Title VII of the 1964 Civil Rights Act, employers are permitted to discriminate against a candidate on the basis of nationality, religion, and sex in situations where such characteristics are reasonably necessary to the common functioning of the specific enterprise, business, or job. The Age in Discrimination in Employment Act extends this narrow exception to include discrimination based on age.

Even though nationality, sex, and religion may be regarded as bona fide occupational qualification in limited contexts, race can never meet such requirements. In essence, the exceptions to discrimination in employment practices can never include race as a characteristic for the discrimination. Actually, in situations where a candidate's or employee's race is important to a particular artistic objective or story, the First Amendment to the Constitution supersedes Title VII of the Civil Rights Act of 1964.

Therefore, this exception is only applicable to situations where it is regarded or justified as a necessity to the normal performance and operation of a certain job or business. As a result, a defense to recognized discrimination is always dependant on the presence of a facially discriminatory policy. In a lawsuit regarding discrimination in employment decisions and practices, an employer can invoke the bona fide occupational qualification defense.

In this case, the employer must demonstrate that he/she established a policy based on the necessary requirements for the normal operation and performance of the job. The court will basically make a determination of the case based on whether the specific facts in the situation are tantamount to a bona fide occupational qualification defense. However, the defense or exception is probably illegitimate if it does not include the specific characteristics stipulated in the law.

Requirements of Bona Fide Occupational Qualification Courts are usually very cautious to only permit very limited exceptions to the prohibition of discrimination against a safeguarded status with no exception to a case of race (FindLaw, p.1). This implies that an employer must meet certain requirements in order to utilize the bona fide occupational qualification exception.

The two major requirements for bona fide occupational qualification are Proof The first qualification to using a BFOQ exception is proving that no member of the group being discriminated against could perform the job (FindLaw, p.1). This essentially means that the employer must provide sufficient evidence and proof that the group being exempted from the job does not have the ability to perform the job. This process entails establishing a rational link between the general standard or requirement and performance of the job in question.

However, the logical link between the requirements and performance of the job must demonstrate why the group being discriminated against cannot be accommodated. Secondly, the employer must demonstrate honesty and good faith in adopting the exception towards the accomplishment of a legal work-related objective. In this case, the employer should rationally consider the impact of the standard or rule on all employees.

The third process in proving the use of BFOQ exception is demonstrating that the policy is reasonably necessary to the fulfillment of the legal work-related objective (Saskatchewan Human Rights Commission, p.3). In this case, the facts of every situation must demonstrate that the standard or rule is reasonably essential. Undue Hardship The second requirement for a bona fide occupational qualification exception is proof that the employer would be subjected to undue hardship if the exception is not utilized.

This implies that the employer, company or organization must show that eliminating obstacles or changing standards or rule in the working environment would generate undue hardship. The proof of undue hardship in this case would warrant the use of BFOQ exception. However, the proof of undue hardship should be carried out once the employer has done everything possible to accommodate a need (Saskatchewan Human Rights Commission, p.1).

In essence, the employer should carry out other measures to include every group and prove undue hardships if these measures have failed to meet the standards for normal operation and job performance. Impact of the Law The bona fide occupational qualification has had considerable impacts on various people because of how it changes the modern workplace and business environment. The impact of this legal provision on people is.