Federal laws ban workplace discrimination. The Civil Rights Act, Americans with Disabilities Act (ADA), and sections 501 and 505 of the Rehabilitation Act are only some of the laws that protect against discrimination.
The United States has many anti-discrimination laws, making it hard for anyone to justify discrimination legally. However, the Bona Fide Occupational Qualification (BFOQ) rule lets employers pick workers based on age, sex or nationality in some cases.
BFOQ defined
The BFOQ rule applies when employers can prove that selecting specific persons is necessary to be able to do the job. This legal exception has a narrow meaning; most employers fail to show that their actions fit these exceptions.
What are the exceptions?
The U.S. Equal Employment Opportunity Commission investigates BFOQ claims and interprets whether the exception applies. They decide exceptions case by case. Here are some examples that might apply:
- Gender-specific roles
Restroom attendants: Female attendants are for women’s restrooms, and male attendants are for men’s restrooms.
Actors/Models: Roles needing a specific gender to keep authenticity in shows or ads.
- Age-specific roles
Airline pilots and bus drivers: Must retire at certain ages due to safety rules.
- Religious roles: Jobs needing workers to follow the group’s faith, such as clergy or religious teachers.
- Nationality
Diplomatic and national security roles: Jobs needing specific national origin for legal and security reasons, such as ambassadors and CIA or FBI agents, require applicants to be citizens of that country.
These examples show how BFOQ exceptions might work in various cases. The BFOQ clause also does not include race as an exception. Note that race is different from nationality.
Do you have a case?
BFOQ cases are complex. Consider consulting a lawyer to determine if someone has broken your right to fair treatment under the law.