Bona Fide Occupation Qualification (BFOQ)
A bona fide occupation qualification (BFOQ) is a quality or an attribute that employers are allowed to consider when making decisions on the hiring and retention of employees–qualities that, when considered, in other contexts would be considered discriminatory and thus violating civil rights employment law. In other words, a BFOQ can be the justification an employer provides after being accused of discrimination.
An example of a BFOQ is that Chinese restaurants can argue they have a legitimate reason for hiring only Asians to work in their restaurants. Other examples can be found in the mandatory retirement ages for bus drivers and airline pilots, which are required for safety reasons.
It is important to know this term because you may come across it, after confronting an employer about a potentially discriminatory practice. If your employer does claim that it is not discriminating against you because there is a BFOQ related to your job, you can question that defense because it is the employer’s responsibility to prove BFOQs are "reasonably necessary" and that there is no reasonable alternative with a lesser impact on the protected classes (e.g., minorities, women, the disabled, etc.).
Source: en.wikipedia.org/wiki/Bona_fide_occupational_requirement
An example of a BFOQ is that Chinese restaurants can argue they have a legitimate reason for hiring only Asians to work in their restaurants. Other examples can be found in the mandatory retirement ages for bus drivers and airline pilots, which are required for safety reasons.
It is important to know this term because you may come across it, after confronting an employer about a potentially discriminatory practice. If your employer does claim that it is not discriminating against you because there is a BFOQ related to your job, you can question that defense because it is the employer’s responsibility to prove BFOQs are "reasonably necessary" and that there is no reasonable alternative with a lesser impact on the protected classes (e.g., minorities, women, the disabled, etc.).
Source: en.wikipedia.org/wiki/Bona_fide_occupational_requirement
Labels: discrimination, investigation, pretext, protected class
posted by S. Mary Wills at 11:41 AM
2 Comments:
Hi S. Mary,
I write and edit the blog Race in the Workplace, about the ways in which race and racism influence our working lives. I also run an anti-racism training company called New Demographic.
I'm working on a blog post about the pros and cons of reporting racial discrimination to HR. Would it be possible for me to email you a few questions to get your expertise on the topic?
Please let me know - thanks! You can reach me at carmen AT newdemographic.com
It's possible! Send any questions to blackonthejob@yahoo.com and I'll give you my feedback. I'll check out your blog and will add a link on my site. It's all about getting people information and resources that can help them combat racism...not about engaging in a competition with other bloggers.
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