A genuine occupational qualification (BFOQ) is a law that prohibits hiring and employing individuals on the basis of their national origin, gender, or religion. The qualifications must be relevant to the necessary operations of the particular firm and the primary duties of the position in order to be deemed legitimate, or “bona fide.”

In other words, if the operations of the particular firm or the responsibilities of the job post warrant it, the BFOQ law permits justifiable employment discrimination based on gender, religion, or national origin.

Title VII of the Civil Rights Act, which forbids discrimination in the workplace on the grounds of race, color, religion, gender, or national origin, is exempt from the Bona Fide Occupational Qualifications criterion.

Which laws control the use of BFOQs by employers?

Title VII of the Civil Rights Act of 1964 is the law that makes discrimination in the workplace unlawful. Title VII’s “prohibition of discrimination based on gender, religion, or national origin” is exempted under a statutory clause known as CM-625 Bona Fide Occupational Qualifications. “In some extremely rare cases, a person’s gender, religion, or national origin may be reasonably necessary to carry out a specific job function in an employer’s business or enterprise’s normal operation,” according to the bona fide occupational qualification (BFOQ) exception.

Does a person’s gender qualify them as a professional?

If just one gender is needed to carry out job obligations, then gender is typically applicable to the BFOQ exemption.

The following are exempt from the BFOQ exemption:

• Just one or two individuals of a particular gender
• Stereotypes about a particular gender
• Is religion subject to the BFOQ?
• Religion can only be a BFOQ if hiring someone who practices a certain religion or not puts the company’s core values at risk.
• An employer must show that a member of another faith cannot successfully execute the job because it would interfere with regular business operations in order to be eligible for religious BFOQ.

What Are Some Instances of Permitted BFOQ?

1) Bus drivers and airline pilots must retire at a specific age.

2) Church workers must be denomination members in order to carry out their responsibilities.

3) Actors or models who have to be genuine in a part.

As you can see, race is never allowed as a BFOQ, and the range of acceptable occupational credentials is rather narrow.

For reference, consider the following instances of BFOQ claims that are not valid:

• It is not something that women can do.
• The work is too hazardous or disagreeable for women.
• Males or females are preferred by the employer or its management, other employees, clients, or customers, even if a certain gender is not necessary to perform a job role.
• No separate changing rooms or restrooms are available.
• For both eligible male and female job seekers, it is excessively time-consuming and challenging.
• The candidate must be Israeli-born and fluent in Hebrew, according to the job description.
• The job needs hard lifting, hence a younger person is needed.
• The proprietor, a devoted Catholic, declines to employ a Scientologist.