BONA FIDE OCCUPATIONAL QUALIFICATION

BONA FIDE OCCUPATIONAL QUALIFICATION

bona fide occupational qualification. An employment qualification that, although it may discriminate against a protected class (such as sex, religion, or national origin), relates to an essential job duty and is considered reasonably necessary to the operation of the particular business. ? Such a qualification is not illegal under federal employment-discrimination laws. ¡ª Abbr. BFOQ. [Cases: Civil Rights 1118, 1529. C.J.S. Civil Rights ¡ì¡ì 25, 161¨C162.]

¡°The bona fide occupational qualification is a complete defense. It is invoked when the defendant makes a distinction expressly forbidden by Title VII, such as the refusal to hire women or women with preschool-age children, the reassignment of pregnant employees, or the exclusion of particular ethnic groups from particular jobs…. 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. The fact that the employer adopted the exclusion for invidious reasons, rather than for the business consideration on which the defense is based, is not material. Thus, if the exclusion, in fact, is proved to be necessary it may be used, even if invidiously motivated.¡± Mack A. Player, Employment Discrimination Law ¡ì 5.29, at 282¨C83 (1988).


TermBase Contributor
Carl, Chinese legal translator, specializes in translating legal documents pertaining to complex business disputes.