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Questions and Answers
What is the BFOQ?
What is the BFOQ?
It is not unlawful for an employer to discriminate on the basis of religion, sex, national origin, or age if the particular characteristic is necessary to job performance.
What kind of defense is a BFOQ?
What kind of defense is a BFOQ?
Affirmative defense
Is there discrimination in BFOQ?
Is there discrimination in BFOQ?
True
What does the Pregnancy Discrimination Act of 1978 prohibit?
What does the Pregnancy Discrimination Act of 1978 prohibit?
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What must an employer show to justify a BFOQ?
What must an employer show to justify a BFOQ?
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What does Section 703(e)(1) stipulate?
What does Section 703(e)(1) stipulate?
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Can you discriminate on the basis of sex for a BFOQ?
Can you discriminate on the basis of sex for a BFOQ?
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How do you qualify for a BFOQ?
How do you qualify for a BFOQ?
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What issues can the BFOQ defense apply to?
What issues can the BFOQ defense apply to?
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What is the safety defense in BFOQ?
What is the safety defense in BFOQ?
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Is race a BFOQ?
Is race a BFOQ?
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Do you have to be from a protected class in order to bring a BFOQ claim?
Do you have to be from a protected class in order to bring a BFOQ claim?
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Study Notes
Bona Fide Occupational Qualification (BFOQ) Overview
- BFOQ allows discrimination based on religion, sex, national origin, or age when necessary for job performance.
- It is classified as an affirmative defense in discrimination cases.
Discrimination and BFOQ
- Employers may admit to discrimination but justify it as appropriate based on specific circumstances.
Pregnancy Discrimination Act of 1978
- Prohibits discrimination against pregnant women in employment.
- Title VII's prohibition includes discrimination due to pregnancy, childbirth, or related medical conditions.
Employer Burden
- Employers must demonstrate that most excluded individuals cannot perform the job safely and efficiently to justify BFOQ.
Legal Framework
- Section 703(e)(1) allows sex-based discrimination if it's essential for the normal operation of the business.
- This requirement serves as an objective test for BFOQ claims.
Sex Discrimination Parameters
- Discrimination based on sex due to safety concerns is permitted under limited conditions.
Qualification Criteria for BFOQ
- A job qualification must be directly related to the central mission of the employer's business.
- Employers need to prove that most excluded candidates would be unable to perform the job effectively.
Situations for BFOQ Application
- BFOQ can apply in contexts of authenticity, privacy, and safety.
Safety Defense Considerations
- The assessment of safety defenses involves weighing cost and safety concerns relative to the essence of the business.
- Justifications must focus on instances where sex or pregnancy genuinely affect job performance.
Racial Considerations
- Race is typically not considered a BFOQ, with exceptions in specific scenarios (e.g., undercover police work, acting roles).
Protected Classes and BFOQ Claims
- Individuals must belong to a protected class to file a BFOQ claim.
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Description
Test your knowledge on Bona Fide Occupational Qualifications (BFOQ) with these flashcards. Learn about the definition, types of defenses, and the nature of discrimination in BFOQ situations. Perfect for students studying employment law or human resources.
