{"id":4671,"date":"2016-04-04T10:47:37","date_gmt":"2016-04-04T15:47:37","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/employment-law-and-human-resources\/bona-fide-occupational-qualification.html"},"modified":"2026-05-01T04:39:00","modified_gmt":"2026-05-01T09:39:00","slug":"bona-fide-occupational-qualification","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/bona-fide-occupational-qualification.html","title":{"rendered":"Bona Fide Occupational Qualification"},"content":{"rendered":"\n
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Bona Fide Occupational Qualification<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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A bona fide occupational qualification (BFOQ) is a narrow legal exception that allows employers to hire employees based on protected traits such as religion, gender, or national origin when it is a business necessity. A BFOQ may be asserted when there are privacy or safety issues for which discrimination may be allowed.<\/p>\n\n <\/div>\n\n\n\n

United States law prohibits employment decisions based on an\u00a0applicant\u2019s race, religion, gender, national origin<\/span>, age, or other protected status<\/a>. In some cases, the normal operation<\/span> of the business forces employers into uncomfortable decisions. What should a small-business owner do when hiring a worker of a particular gender or religion?<\/p>\n

The Equal <\/span>Employment Opportunity<\/span> Commission<\/span> (EEOC<\/span>) and federal law prohibit discriminatory hiring practices. Employers cannot list a job “for men only” or even “must be able to work weekends” (which discriminates against religious people). There are a few special situations when an employer may exclude members of a protected class or only hire individuals of a particular group.<\/p>\n

The bona fide occupational qualification<\/span> exception (BFOQ<\/span>) is very narrowly tailored. The EEOC<\/span> only permits employers to claim the exception if they show business necessity. This article examines the rule and why few small businesses can qualify.<\/p>\n

The Bona Fide Occupational Qualification<\/span> Exception: Overview<\/h2>\n

Title VII of the <\/span>Civil Rights Act<\/span> of 1964<\/span> prohibits\u00a0discrimination in employment practices<\/span>.<\/a>\u00a0Employers may not discriminate against otherwise qualified candidates based on race, religion, sex, sexual orientation, or national origin<\/span>. This applies to private and government businesses with almost no exceptions. When a rejected employee makes a discrimination claim, it is because they belong to one of these protected classes.<\/p>\n

The BFOQ<\/span> exception allows employers to prove that they must exclude one or more protected classes because they need a particular employee instead. These exceptions must be narrowly tailored, and the burden of proof is on the employer to show the need for the exclusion.<\/p>\n

The EEOC<\/span> has\u00a0provided guidance<\/a>\u00a0based on case law and a thorough examination of the explanations given by employers for BFOQ<\/span> exceptions based on national origin<\/span>, religion, and gender. In general, to claim a BFOQ<\/span> exception, employers must:<\/p>\n