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Carefully craft bona fide occupational qualification limits

by on
in Discrimination and Harassment,Human Resources

Some jobs can be handled only by someone of a particular gender. For example, a dress model necessarily has to be female. Under the sex discrimination provisions of Title VII, employers may limit those jobs to members of one sex and refuse to hire members of the opposite sex.

This is the so-called bona fide occupational qualification (BFOQ) exception.

The BFOQ is strictly limited. In fact, employers that want to exclude one sex must make absolutely sure that they can justify their decisions. That justification can’t be based on stereotypical views of what jobs men and women can do. It must be based on the conclusion that using one sex is “reasonably necessary to the normal operation of that particular business or enterprise.” That’s a tough...(register to read more)

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