Difference between revisions of "Bona Fide Occupational Qualification"
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| − | + | '''Bona Fide Occupational Qualification''' ('''BFOQ''') enables an employer to discriminate based on gender with respect to filling a particular job without being liable for discrimination under the [[Fourteenth Amendment|Fourteenth Amendment's]] [[Equal Protection Clause]]. A BFOQ only very rarely justifies [[discrimination|discriminating]] based on race. A rare example is hiring an actor of a particular race to fill a specific role in a movie or entertainment production. | |
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| + | An example of a BFOQ to justify excluding men from a job might be in hiring assistants to work in a women's bathroom or locker room. | ||
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| + | The burden is on the employer to prove a legitimate BFOQ if it makes distinctions based on race or gender. | ||
| + | [[category:law]] | ||
Revision as of 16:26, August 24, 2011
Bona Fide Occupational Qualification (BFOQ) enables an employer to discriminate based on gender with respect to filling a particular job without being liable for discrimination under the Fourteenth Amendment's Equal Protection Clause. A BFOQ only very rarely justifies discriminating based on race. A rare example is hiring an actor of a particular race to fill a specific role in a movie or entertainment production.
An example of a BFOQ to justify excluding men from a job might be in hiring assistants to work in a women's bathroom or locker room.
The burden is on the employer to prove a legitimate BFOQ if it makes distinctions based on race or gender.