Simple English definitions for legal terms
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A bona fide occupational qualification (BFOQ) is a legal defense that allows employers to discriminate against employees or job applicants based on their religion, sex, or national origin if it is necessary for the normal operation of the business. For example, a Catholic church can require that its priests be Catholic. However, race and color can never be used as a BFOQ. BFOQs are often used for safety reasons, such as mandatory retirement ages for airline pilots. BFOQs can also be used in the arts if the qualification is integral to the story or artistic purpose. Customer preference is not a valid reason for a BFOQ defense.
A Bona Fide Occupational Qualification (BFOQ) is a legal defense that allows employers to discriminate against employees or job applicants based on their religion, sex, or national origin if it is reasonably necessary for the normal operation of the business. However, race and color are never considered BFOQs.
For example, a Catholic church can require that its priests be Catholic as it is necessary for the normal operation of the church. Similarly, a movie production company can require that an actor playing a historical figure must have the same race or gender as the character.
BFOQs are often used for safety reasons, such as imposing a mandatory retirement age for airline pilots and bus drivers. However, customer preference or satisfaction is not a valid reason for a BFOQ defense.
The court may grant a BFOQ defense in three circumstances:
Overall, BFOQs are a legal defense that allows employers to discriminate in certain circumstances, but it is important to note that they are limited and must be reasonably necessary for the normal operation of the business.