Glossary > Employment Law > Employment Rights > Equal Employment Opportunity (EEO)

Bona Fide Occupational Qualification (BFOQ)

A bona fide occupational qualification (BFOQ) is a specific job requirement that allows an employer to make legally permissible discriminations in hiring based on characteristics that would normally be considered discriminatory, such as age, sex, national origin, or religion, if those characteristics are essential to performing the job effectively.

Example #1

For instance, if a movie production company is casting for a role that specifically requires a male actor to accurately depict a historical figure, then gender can be a bona fide occupational qualification for that role.

Example #2

Another example could be a religious organization hiring clergy members of a particular faith, where religion is a necessary qualification for the job.

Misuse

Misusing BFOQ can lead to discrimination against protected groups. For example, if a company claims that a certain race or nationality is a BFOQ for a job where it is not essential, this could unfairly exclude qualified individuals from job opportunities based on discriminatory reasons. It is crucial to safeguard against such misuse to ensure equal opportunities for all individuals.

Benefits

The proper use of BFOQ can help maintain the integrity of certain job roles for which specific characteristics are genuinely necessary. For example, a women's clothing store requiring female fitting models to ensure accurate representation of their clothing line can be justified as a BFOQ, benefiting both the business and the employees involved.

Conclusion

Understanding and appropriately applying BFOQ in the workplace is crucial for ensuring fair and non-discriminatory hiring practices. It is essential to balance the legitimate needs of the job with the protection of employees' rights against unjust discrimination.

Last Modified: 4/30/2024