Business owners and Human Resources personnel are often faced with the legal challenge of balancing their hiring practices against anti-discrimination laws. But what safeguards exist that allow employers to make decisions based on job-related criteria instead of an employee’s immutable characteristics, such as race, gender, religion, national origin, and so on? To answer that question, one must understand the acronym BFOQ, which stands for bona fide occupational qualification.
What Is a Bona Fide Occupational Qualification (BFOQ)?
A BFOQ is a human resource practice, recognized by the United States Equal Employment Opportunity Commission, that allows employers to take job-related criteria into consideration when making hiring, firing, and other employment decisions. This concept is widely misunderstood and can be misapplied if certain legal requirements are not met.
BFOQs effectively provide a legal defense for employers when considering actions that would otherwise be considered discriminatory. However, employers are still expected to act in a non-discriminatory manner when faced with on the job issues such as pay, promotion, performance review, and work assignments.
What Types of Criteria Qualify as BFOQs?
Some examples of BFOQs include hiring males for roles requiring heavy lifting because of strength differences, requiring a driver to have a valid driver’s license, or requiring a religious leader to adhere to specific religious beliefs. While a BFOQ is not necessarily confined by any certain criteria, the EEOC requires an employer to demonstrate that the criteria is necessary to ensure the safe and efficient completion of the job duties.
How Can Your Business Use BFOQs Responsibly?
It is important for employers to understand and remain mindful of the purpose of BFOQs. Employers should be careful not to use BFOQs as a means of making hiring decisions based on an individual’s immutable characteristics. Employers should also ensure that BFOQs are specific and applicable to the particular job in question.
Finally, employers should document their use of BFOQs and ensure that any decisions based on BFOQs are consistent with other practices and policies in the workplace.
Conclusion
BFOQs are a tool available to employers to meet the legal requirements of their human resource practices while still fulfilling job-related criteria. Using BFOQs responsibly can help employers create fair and equitable workplaces certifying their claim of non-discrimination.