What is a Bona Fide Occupational Qualification?

Employees in South Florida should know that they are protected against various forms of employment discrimination under a range of federal laws, and under the Florida Civil Rights Act (FCRA). To be clear, both job applicants and employees who are covered by these laws cannot face discrimination on the basis of race, sex, religion, ethnicity, disability, age, and many more categories. What this means is that employers cannot advertise jobs solely for male applicants, or screen job applicants based on their religion. Employers also cannot discriminate in terms of pay, or in making decisions about promotions or terminations based on protected identity characteristics, or being part of a protected class.

However, there are some instances — albeit few — in which an employer may be able to discriminate on the basis of sex, religion, or national origin, even when the employer is required to comply with existing state and federal laws that prohibit discrimination. These instances are an exception known as the bona fide occupational qualification, or BFOQ. You should never assume that a BFOQ exists if and when you are facing employment discrimination, but it is important to know how it works and when it actually applies to a situation. Our Palm Beach Gardens employment discrimination lawyers can explain.

What Are Bona Fide Occupational Qualifications? 

Can employers actually discriminate legally on the basis of sex, or on the basis of religion or national origin? For these three protected classes, the US Equal Employment Opportunity Commission (EEOC) explains that Title VII of the Civil Rights Act of 1964 — which explicitly prohibits discrimination on these bases — allows for an exception in very limited circumstances.

The EEOC cites relevant law, explaining that, “in some extremely rare instances a person’s sex, religion, or national origin may be reasonably necessary to carrying out a particular job function in the normal operation of an employer’s business or enterprise.” Importantly, race is never included for a BFOQ — an employer absolutely cannot cite a job applicant’s or employee’s race as a bona fide occupational qualification.

An employer will typically make a BFOQ claim when a job applicant or an employee raises the issue of employment discrimination, or after an employment discrimination claim has been filed. It is a type of defense to discrimination allegations.

Considerations for Specific BFOQs 

The BFOQ exception can only be applied to sex, religion, and national origin. For each protected class and BFOQ — sex, religion, and national origin — there are specific considerations that must be taken into account. Various considerations and factors are taken into account in analyzing an employer’s BFOQ claim and whether it is valid. The EEOC, or a subsequent court, will ultimately be trying to determine “whether the ‘essence’ of the employer’s business would be undermined by not excluding all members of [one sex, a particular religion, or a particular national origin] from consideration for the position in question.” The EEOC also seeks to determine whether the employer’s limitation on the basis of sex, religion, or national origin is “reasonably necessary to the normal operation of the employer’s business or enterprise.”

Employers most commonly claim a BFOQ in cases involving alleged sex discrimination. It is important to be clear that an employer’s BFOQ claim based on stereotypes about a particular sex, religion, or national origin will not pass muster.

Contact a Palm Beach Gardens Employment Discrimination Attorney 

If you have any questions about filing an employment discrimination claim, an experienced Palm Beach Gardens employment discrimination lawyer at Sconzo Law Office can help. Contact us today.

Source:

eeoc.gov/laws/guidance/cm-625-bona-fide-occupational-qualifications