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Questions tagged [bfoq]

Bona Fide Occupational Qualification (BFOQ) is a type of affirmative defence an employer can use in a discrimination case in the United States. (It allows discrimination for factors essential to the performance of a job.)

Bona Fide Occupational Qualification (BFOQ) is a type of affirmative defence an employer could use in a discrimination case in the jurisdiction

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What are the rules on businesses that wish to only hire attractive females?

Many businesses feature beautiful female employees as part of their business plan and service offering. Examples include: Hooter's waitresses Sportclips stylists A small chain of drive-thru smoothies in my area that feature bikini clad hotties with…
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Is the requirement to have positive attitude discriminatory?

Many companies list "positive attitude" as a requirement for the candidates, including job positions that have nothing to do with customer service or management (for which jobs it could be reasonably justified). However, some people have major…
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Can a racist business owner legally get away with saying he only wants to hire people that 'look white'?

This is a belated follow up to an earlier question where I asked how one can get away with hiring actors of an appropriate race when BFOQ (Bona Fide Occupational Qualifications) exceptions do not apply to race. The answer was that you can't insist…
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Is it Illegal for me to refuse to hire a white child actor because the already selected parent is black and the child isn't adopted?

Title VII of the Civil Rights Act of 1964 reads: "It shall be an unlawful employment practice for an employer—(1) to fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to his…
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Can one apply to be a Hooters Girl for a free settlement?

As per discussion at Is it legal to let people search for professionals by gender?, it was mentioned that customer satisfaction and preferences alone do not justify a Bona Fide Occupational Qualifications defence to a discrimination claim. Diaz v.…
cnst
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Can I ask a potential employee if they are colorblind?

We have an inspector's position open. The job duties are to perform detailed inspection on parts we manufacture. Our customer requires that their parts be inspected by someone who is not colorblind. Can we ask, in the initial screening process, if…
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Could I apply for a job at Hooters with the intent of suing for a settlement when they don't hire me?

The highest ranked answer to a previous question states that BFOQ exceptions (probably) would not be a sufficient argument for allowing Hooters to discriminate against a protected group. In fact the same answer points out that hooters has settled…
dsollen
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