Legal Definitions - bona fide occupational qualification (BFOQ)

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:

1. For privacy reasons, such as requiring security hospital treatment assistants assigned to psychiatric hospital wards to be the same gender as the patients.
2. For authenticity in the arts, such as requiring actors to have certain characteristics for a role.
3. If the BFOQ relates to the normal operation or essence of the business, such as a mandatory retirement age for pilots for safety reasons.

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.