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In employment law, a bona fide occupational qualification (BFOQ) (US), bona fide occupational requirement (BFOR) (Canada), or genuine occupational qualification (GOQ) (UK) is a quality or an attribute that employers are allowed to consider when making decisions on the hiring and retention of employees—a quality that when considered in other contexts would constitute discrimination in ...
Wilson v. Southwest Airlines Co., 517 F. Supp. 292 (N.D. Tex. 1981), is a US employment discrimination law case concerning bona fide occupational qualifications. Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employment discrimination based on race, color, religion, sex, or national origin. [1]
Bona Fide Occupational Qualifications cannot be used for discrimination on the basis of race. The only exception to this rule is demonstrated in a single case, Wittmer v. Peters , where the court rules that law enforcement surveillance can match races when necessary.
Rawlinson, 433 U.S. 321 (1977), was the first United States Supreme Court case in which the bona fide occupational qualifications (BFOQ) defense was used. Background
Facially discriminatory policies are only permissible if gender, national origin, or religion is a bona fide occupational qualification for the position in question. Race or color may never be a bona fide occupational qualification. He may offer any of three types of circumstantial evidence:
Western Air Lines required flight engineers to retire at age 60. Plaintiffs were forced to retire at 60 and brought suit at the Federal District Court. Defendant argued that the age requirement was a bona fide occupational qualification that was reasonably necessary for the airline's safe operations.
An age limit may be legally specified in the circumstance, where age has been shown to be a "bona fide occupational qualification [BFOQ], reasonably necessary to the normal operation of the particular business" (see 29 U.S.C. § 623(f)(1)). In practice, BFOQs for age are limited to the obvious (hiring a young actor to play a young character in ...
If the company has a bona fide occupational qualification (BFOQ) to ask regarding a physical condition, they may ask questions about it. [ citation needed ] For example: The job requires a lot of physical labor.