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Video of HR Basics: Bona Fide Occupational Qualification in Human Resources Managemnt (HR) course by GreggU channel, video No. 66 free certified online
In some rare circumstances, the very nature of the job requires you to choose candidates based on what are otherwise protected characteristics, known as a bona fide occupational qualification (BFOQ) exception. A BFOQ exists in narrow circumstances when a protected characteristic can legally be used to make an employment decision. A BFOQ requires a business necessity which includes a relationship to legitimate business goals and is essential to business survival.
It is important to understand that employers can never use race or skin color as a BFOQ. To prove the bona fide occupational qualifications defense, an employer must prove three elements: a direct relationship between the protected trait and the ability to perform the duties of the job, the BFOQ relates to the essence or central mission of the business, and there is no less-restrictive or reasonable alternative.
One of the best ways to understand BFOQ exceptions is to look at examples where courts have allowed what would otherwise be considered discriminatory. For example, churches can legally hire only members of their church and reject clergy from other religions.