Bona Fide Occupational Qualification
In employment law, the term “Bona Fide Occupational Qualification” (BFOQ) refers to a qualification that can be required by an employer for a particular job because it is necessary for the performance of the job, even if it could be considered discriminatory based on a protected characteristic. Employers can use the BFOQ to justify hiring or promoting individuals based on age, sex, religion, or national origin. The BFOQ exemption is a limited one and is just permitted in unambiguous circumstances where the capability is fundamental for the gig’s presentation.
The employer must demonstrate that the qualification is essential to performing the job’s “essence” and cannot be achieved in any other way to establish a BFOQ. A BFOQ would be, for instance, a requirement that pilots have 20/20 vision, as vision is necessary for job performance. Nonetheless, if a business requires female airline stewards to be unmarried, it is probably not going to be a BFOQ because conjugal status isn’t straightforwardly connected with work execution.
Employers must demonstrate that the qualification is essential to the essence of the position before making use of the BFOQ exception, which can be challenged in court. The employer must demonstrate that the qualification is necessary for the job’s performance and that there are no reasonable alternatives to achieve the same objective if a BFOQ is challenged.
In a nutshell, the Bona Fide Occupational Qualification (BFOQ) is an exception to employment discrimination laws that permits employers to demand a particular skill set for a position that might otherwise be deemed discriminatory. The employer must demonstrate that the required skill set is essential to the job and cannot be acquired in any other way. When employing BFOQ, employers should exercise caution since it can be challenged in court and that the employer must demonstrate that the qualification is essential to the performance of the job.