Legal Definitions - bona fide occupational qualification

A bona fide occupational qualification (BFOQ) is a legal term that stands for an exception to anti-discrimination laws in employment.

It refers to a specific job requirement that, while it might appear to discriminate against a protected group (such as based on gender, religion, or national origin), is actually considered absolutely essential and necessary for the successful operation of a particular business or for performing the core duties of a specific job. Because it is deemed genuinely necessary, such a qualification is not considered illegal discrimination under federal employment laws.

Here are some examples to illustrate this concept:

• Example 1: Gender for a Locker Room Attendant

  A women's health club advertises for a female attendant to work exclusively in the women's locker room and changing facilities. While this requirement explicitly excludes male applicants based on gender, it would likely be considered a BFOQ. The essential job duty involves assisting patrons in a private, gender-segregated area, and requiring a female attendant is reasonably necessary to protect the privacy and comfort of the club's female members. Therefore, the gender requirement is not considered unlawful discrimination.

• Example 2: Religion for a Church Minister

  A specific denomination's church advertises for an ordained minister to lead its congregation. The job description requires the applicant to be an ordained minister of that particular denomination and to adhere to its specific religious doctrines. This requirement discriminates based on religion, as it excludes individuals of other faiths or no faith. However, for a religious organization, requiring its spiritual leader to share and uphold its specific religious beliefs and practices is fundamental to its mission and operation. Thus, being an ordained minister of that specific faith would be a valid BFOQ.

• Example 3: Language Fluency for a Language Immersion Teacher

  A French language immersion school seeks to hire a teacher for its advanced French classes. The job posting specifies that applicants must be native French speakers with complete fluency and a deep understanding of French culture and idioms. While this might indirectly favor individuals of French national origin or those raised in French-speaking environments, the requirement for native-level fluency and cultural immersion is directly related to the essential job duty of teaching advanced French in an immersion setting. The school's mission relies on providing an authentic language experience, making native fluency a reasonably necessary qualification for the effective operation of its educational program.