Bona Fide Occupational Qualifications (BFOQs)

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Bona Fide Occupational Qualifications (BFOQs):

Steve Hsu MGT 358 Summer 2014 Bona Fide Occupational Qualifications (BFOQs)

Background on BFOQs:

Title VII of the Civil Rights Act of 1964 Prevents discrimination against protected characteristics Exception in Title 42 U.S.C. § 2000e-2(e) Establishes exceptions where a “bona fide occupational qualification” is necessary for normal operation of that organization Race can never be cited as a BFOQ Background on BFOQs

Age as a BFOQ:

Allowed Mandatory retirement ages for public transportation Federal Aviation Administration’s “Age 60 Rule” Recently raised to 65 years of age for mandatory retirement Not Allowed Example: Not hiring candidates over a certain age at a clothing store to promote a “youthful” image Age as a BFOQ

Gender as a BFOQ:

Allowed Gender-specific models for clothing models Female-only requirements for battered women’s shelter/counseling Not Allowed Airlines only hiring specific gender for flight attendants Blending requirements of different positions ( Civil Rights Div., Ariz. Dep't of Law v. Amphitheater Unified Sch. Dist. , 680 P.2d 517, 2 FEP Cases 1135 (Ariz. Ct. App. 1983) Gender as a BFOQ

Religion as a BFOQ:

Allowed When specific religion is a core requirement of fulfilling that position’s responsibilities ( Pime v. Loyola Univ. , 803 F.2d 351, 42 FEP Cases 1 (7th Cir. 1986 )) Non-religious employers could also have a religious BFOQ ( Kern v. Dynalectron Corp. , 577 F. Supp. 1196, 33 FEP Cases 255 (N.D. Texas 1983)) Not Allowed Requiring a janitor to be a Mormon to work at Brigham Young University Exceptions to Title VII Religious organizations are exempt from Title VII requirements Religion as a BFOQ

Physical Characteristics as a BFOQ:

Allowed Height and weight requirements necessary to job performance ( Boyd v. Ozark Air Lines Inc. , 568 F.2d 50, 17 FEP Cases 827 (8th Cir. 1977)) Not Allowed Cannot reject an overweight candidate from working at a clothing store purely because they cannot wear the clothes sold by the store. Customer Preference Physical Characteristics as a BFOQ

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