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Simple English definitions for legal terms
bona fide occupational qualification
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A quick definition of bona fide occupational qualification:
A bona fide occupational qualification is a job requirement that may discriminate against a certain group of people, but is necessary for the job to be done properly. For example, a job that requires a certain physical ability or language proficiency. This type of qualification is allowed under the law, even if it goes against anti-discrimination laws, as long as it is essential for the job. It is abbreviated as BFOQ.
A more thorough explanation:
A bona fide occupational qualification (BFOQ) is a job requirement that may discriminate against a protected class, such as sex, religion, or national origin, but is necessary for the job. This type of qualification is not illegal under federal employment-discrimination laws.
For example, a religious organization may require that its leaders be of a certain faith, even if it means excluding people of other religions. This is considered a BFOQ because the job requires someone who shares the same beliefs as the organization.
Another example is a modeling agency that only hires female models for women's clothing. This is considered a BFOQ because the job requires someone of a specific gender to accurately represent the clothing being sold.
Overall, a BFOQ is a defense against discrimination claims when the job requires a specific characteristic that is necessary for the job. It is important to note that the BFOQ must be related to an essential job duty and considered reasonably necessary to the operation of the particular business.