Bona Fide Occupational Qualification

Definition and Meaning

Bona Fide Occupational Qualification (BFOQ) is defined as a job criterion that requires certain attributes, such as age or a specific physical aspect, to successfully and effectively perform that job’s duties. It is considered an exception to non-discriminatory regulations that apply in most circumstances and must directly relate to a job’s responsibilities.

Important aspects of Bona Fide Occupational Qualification

• To assist organizations in creating clearly defined eligibility requirements for each specific role.
• To support lawfully hiring individuals when certain job requirements are essential for the position.
• To establish a framework to support non-discriminatory policies, thus preventing the potential for discrimination.
• To provide protection for employers in the event of an audit or legal investigation.
• To create consistent standards for candidate qualifications directly linked to performing the job duties required of the position.

Compliance & Policy Issues Related to BFOQ

BFOQs must only be applied limitidely and objectively, and only in limited circumstances where the requirement for that characteristic is important for doing the job.

Employers should:

• List the business reasons for establishing a BFOQ
• Be consistent in applying the BFOQ on an ongoing basis
• Avoid using the BFOQ as a general “filter” for candidates

Misapplying BFOQ may lead to potentially being liable for violations of equal opportunity laws.

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