| A bona fide occupational qualification (or a BFOQ) is a | | | | gendered wait staff is in compliance with the |
| characteristic that certain employers are allowed to | | | | restaurant's established reputation. Hooter's is an |
| take into account when hiring and firing employees. | | | | establishment for which this is the case. |
| These characteristics would, in other circumstances, | | | | Nationality-It is important to note here that nation of |
| be considered discriminatory; however, due to the | | | | origin is not considered the same as race. Race is |
| nature of certain jobs, legislature has made a few | | | | never a characteristic that an employer can lawfully |
| exceptions. | | | | discriminate against. On that note, nationality can be |
| What constitutes a BFOQ? | | | | considered by employers when it is deemed |
| Characteristics which are considered "bona fide | | | | "reasonably necessary" for an employee to be of a |
| occupational qualifications" include the following:o Ageo | | | | particular nationality. For example, when a movie |
| Gendero Nationalityo Religion | | | | director who is seeking an Indian actor to play Gandhi |
| It is important to keep in mind that an employer is only | | | | in a film. |
| able to discriminate based on these characteristics | | | | Religion-Instances in which religion is considered a |
| when it is deemed it "reasonably necessary" in order | | | | BFOQ are rare. Unless the occupation is working for a |
| for an employee to perform the basic duties of the job | | | | religiously affiliated company, there are not many |
| for which they are applying. | | | | reasons for an employer to deem it "reasonably |
| Examples of a Legitimate BFOQ | | | | necessary" for an employee to be of a certain religion. |
| For clarification purposes, here is a list of examples for | | | | However, an example would be if someone were |
| each type of bona fide occupational qualification. | | | | applying for a job at a Christian book store, the |
| Age-Employers consider age in a number of | | | | employer may consider Christianity a BFOQ. |
| employment fields. One such example is piloting. For | | | | Although bona fide occupational qualifications exist in all |
| safety purposes, a pilot cannot continue flying planes | | | | sectors of the workforce, they are only lawful when |
| after they turn 60 years old. Other occupations also | | | | certain circumstances exist, and discrimination in any |
| have age requirements for employees to satisfactorily | | | | other setting is illegal. |
| perform related tasks. | | | | For more information about employer discrimination |
| Gender-Businesses may discriminate based on gender | | | | and BFOQ's, consult the San Antonio employment |
| only when it is necessary for a business' continued | | | | lawyers of Melton & Kumler, LLP. |
| successes. For example, when hiring a certain | | | | |