As a new HR professional you will want to be aware of the BFOQ doctrine. BFOQ stands for Bona Fide Occupational Qualification. It allows a company to discriminate on the basis of national origin, sex, religion or age in rare, unique sitautions that are logically necessary for the business. A BFOQ is based on objective facts, reason, and logic, not on stereotypes, prejudice, or bias. The following article will help to define what a BFOQ is, when to use it, and when not to use it. Show
Remember: BFOQ is rarely used. When it comes up it’s usually when you are writing a job description and defining what a position does within your company. When a BFOQ is used, it’s very limited and narrow in it’s defense of protected categories. BFOQs are not meant to be interpreted broadly because it should not be used as an excuse for why discrimination happens. What Are Bona Fide Occupational Qualifications (BFOQs)?Bona Fide Occupational Qualifications is a term that originates in Title VII of the Civil Rights Act (1964). It allows discriminatory practices in employment if a person’s religion, sex, or national origin are reasonably necessary to perform a job of a particular business. BFOQ allows an employer to exclude persons on otherwise illegal bases of consideration (for example, gender or age). The business or company needs to show that such factors are essential in performing that particular job. If a company cannot prove that these factors are essential in the completion of the job, then the discrepancy in hiring falls into discrimination and legal action. The Importance of Understanding BFOQsAn HR professional needs to be aware of the BFOQ doctrine because of the responsibility they have in making sure the company is legally compliant in creating an ethical and fair workplace for the company and the employees. There are rare opportunities in using BFOQs that come into play in a few areas, including job descriptions.
How to Know If Something Is a BFOQSince this is a legal issue, it’s important to understand the usage of BFOQs and recognize when they come into play. Typically an HR professional will run into BFOQs when interviewing or writing job descriptions. The steps below lay out things to keep in mind when determining a BFOQ. Step 1: Assess Business NeedBe objective, reasonable, and specific to the business need to justify any BFOQ. Focus on how it’s essential for the success of the business and that there is no other legitimate way to discriminate based on the permissible protected categories. Step 2: Consider BiasAs you work through proving a need for a BFOQ, make sure that you are aware of any stereotypes, biases, and assumptions about people that could be used to argue that your business is discriminating. Use appropriate assessments, rational witnesses, and research based data when making decisions.This way you will be able to prove that you are working towards ethical and fair decisions that demonstrate a business need. Step 3: Teach RespectWhether your company has or has not used a BFOQ at any time, it will be important to work towards equality and respect for all employees in the workplace. This will be key in a business moving forward successfully. This can be done through offering diversity education/training or conducting a diversity audit. Examples of Bona Fide Occupational QualificationsIf you are not sure what qualifies as a BFOQ, below are some examples:
Examples of Job Qualifications that Are Not BFOQsBelow are illegal applications of BFOQs:
What is a bona fide occupational qualification BFOQ exception quizlet?What is the BFOQ? It is not unlawful for employer to discriminate on the basis of religion, sex, national origin, or age if the particular characteristic is necessary to job performance.
What is a bona fide occupational qualification quizlet?What does bona fide occupational qualification (BFOQ) mean? -Characteristic that is necessary to successfully perform the job. -Presenting enough evidence to suggest that a discriminatory practice has occurred. -An overriding business reason - often related to safety - for the discriminatory practice.
What is BFOQ in the workplace?A BFOQ allows employers to base employment decisions for a particular job on such factors as sex, religion or national origin if they are able to demonstrate that such factors are an essential qualification for performing a particular job.
What is a bona fide occupational qualification and when might it apply?That exception, called the bona fide occupational qualification (BFOQ), recognizes that in some extremely rare instances a person's sex, religion, or national origin may be reasonably necessary to carrying out a particular job function in the normal operation of an employer's business or enterprise.
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