Bona Fide Occupational Qualification

Bona fide occupational qualification (BFOQ) is a legal term used to describe a specific circumstance in which an employer is allowed to make a hiring decision based on a protected characteristic that would otherwise be considered discriminatory under employment laws.

Under the US Civil Rights Act of 1964, employers are prohibited from discriminating against employees or job applicants on the basis of race, color, religion, sex, or national origin. However, there are exceptions to this rule if the employer can show that a particular characteristic is a bona fide occupational qualification, or BFOQ, for the job in question.

For example, a religious organization may require employees to be of a certain faith or denomination to perform certain job duties, such as leading religious services or teaching religious doctrine. This would be considered a BFOQ because the religious affiliation is directly related to the job duties.

Similarly, a women's clothing company may require models to be female to properly showcase their products. This is also considered a BFOQ because the sex of the model is directly related to the job duties.

In order for a characteristic to be considered a BFOQ, it must be directly related to the performance of the job in question and necessary to the operation of the business. The burden is on the employer to prove that the characteristic is a BFOQ and that no alternatives are available.

It is important to note that BFOQ is a narrow exception to employment discrimination laws and should be used sparingly and only when necessary to the operation of the business.