What is a bona fide occupational qualification (BFOQ)?

Title VII of the Civil Rights Act prohibits “discrimination based on race, color, religion, sex, and national origin.” However, in some cases, businesses must consider these traits due to their essential nature for organizational operations or a position’s essential functions. A bona fide occupational qualification is an attribute or quality employers lawfully consider during hiring.

Is gender a bona fide occupational qualification?

Gender is only a BFOQ in specific situations. Hospitals, for example, can require that at least one on-duty ward assistant be of the same gender as the ward’s occupants if required for privacy reasons. Positions for actors, models, or ballet dancers may also utilize valid BFOQs if their role specifies that gender as an essential part of the story or position.

Can religion be a BFOQ?

Religion is a valid BFOQ for houses of worship or other religious organizations for which shared faith is essential for the functioning of the position and organization. However, business owners can’t restrict positions to people who share their faith if that faith isn’t essential to standard organizational operations.

Is age a BFOQ for airline pilots?

You can set age requirements for commercial airline pilots and bus drivers since candidates must meet certain requirements to keep others safe. Pilots must be younger than 65 to prevent risk to passengers due to age-related decline in physical or mental functioning.

What is a BFOQ in healthcare?

Healthcare organizations can reasonably utilize BFOQs in hiring if the presence of certain genders is necessary to ensure patients’ privacy. For example, hospitals may require that at least one assistant present on a ward be of the same gender as the patients in that ward.

What is an example of a bona fide occupational requirement?

Some businesses may reasonably implement BFOQs for certain positions. Commercial pilots, for example, must be younger than 65 to meet safety requirements. Fire departments may hire based on physical BFOQs like the ability to lift a certain weight so firefighters can carry people from burning buildings.