BFOQ Flashcards Quiz

Questions and Answers

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?

Affirmative defense

Is there discrimination in BFOQ?

True

What does the Pregnancy Discrimination Act of 1978 prohibit?

It prohibits discrimination in employment against pregnant women. Signup and view all the answers

What must an employer show to justify a BFOQ?

The employer must show that all or substantially all excluded persons would be unable to perform the job safely and efficiently. Signup and view all the answers

What does Section 703(e)(1) stipulate?

An employer may discriminate on the basis of sex where sex is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business. Signup and view all the answers

Can you discriminate on the basis of sex for a BFOQ?

True Signup and view all the answers

How do you qualify for a BFOQ?

To qualify as a BFOQ, a job qualification must relate to the central mission of the employer's business and the employer must show that all or substantially all excluded persons would be unable to perform the job safely and efficiently. Signup and view all the answers

What issues can the BFOQ defense apply to?

Authenticity, Privacy, Safety Signup and view all the answers

What is the safety defense in BFOQ?

It looks at the cost and safety concerns opposed to the essence of the business, limited to instances in which sex or pregnancy actually interferes with the employee's ability to perform the job. Signup and view all the answers

Is race a BFOQ?

False Signup and view all the answers

Do you have to be from a protected class in order to bring a BFOQ claim?

True Signup and view all the answers

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.

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.