Bona Fide Occupational Qualification (BFOQ) as a Discrimination Defense

In certain limited situations, an employer can argue that consideration of a protected characteristic, such as gender or age, is not discriminatory because there is a bona fide occupational qualification that justifies the employer making the decision based on the normally protected characteristic.¹

If you maintain a business practice that excludes an entire group of protected individuals (for example, all women or all individuals with lower back defects), you must prove that the business practice is justified because:

• All or substantially all of the excluded individuals are unable to safely and efficiently