BFOQ
What does "BFOQ" mean in law?
A bona fide occupational qualification (BFOQ) is a narrow affirmative defense under Title VII (Section 703(e)) and the ADEA that permits an employer to discriminate on the basis of religion, sex, national origin, or age when such a characteristic is reasonably necessary to the normal operation of the particular business. The Supreme Court in UAW v. Johnson Controls established that the BFOQ defense must relate to the essence or central mission of the employer's business and must be applied on an individualized basis where feasible. Notably, race and color can never serve as a BFOQ under Title VII. Courts apply the defense strictly, requiring the employer to prove both that the qualification is essential to job performance and that no reasonable alternative exists.
Definition
A bona fide occupational qualification (BFOQ) is a narrow affirmative defense under Title VII (Section 703(e)) and the ADEA that permits an employer to discriminate on the basis of religion, sex, national origin, or age when such a characteristic is reasonably necessary to the normal operation of the particular business. The Supreme Court in UAW v. Johnson Controls established that the BFOQ defense must relate to the essence or central mission of the employer's business and must be applied on an individualized basis where feasible. Notably, race and color can never serve as a BFOQ under Title VII. Courts apply the defense strictly, requiring the employer to prove both that the qualification is essential to job performance and that no reasonable alternative exists.
Example
A women's shelter may lawfully require that overnight counselors be female under the BFOQ defense because the residents' privacy and therapeutic needs make sex reasonably necessary to the shelter's core mission.