satin nightdresses hooters restaurant Bona Fide Occupational Qualifications and Discrimination

satin nightdresses hooters restaurant Bona Fide Occupational Qualifications and Discrimination
A bona fide occupational qualification (or a BFOQ) is a characteristic that certain employers are allowed to take into account when hiring and firing employees. These characteristics would, in other circumstances, be considered discriminatory; however, due to the nature of certain jobs, legislature has made a few exceptions.What constitutes a BFOQ?Characteristics which are considered bona fide occupational qualifications include the following:o Ageo Gendero Nationalityo ReligionIt is important to keep in mind that an employer is only able to discriminate based on these characteristics when it is deemed it reasonably necessary in order for an employee to perform the basic duties of the job for which they are applying.Examples of a Legitimate BFOQFor clarification purposes, here is a list of examples for each type of bona fide occupational qualification.Age-Employers consider age in a number of employment fields. One such example is piloting. For safety purposes, a pilot cannot continue flying planes after they turn 60 years old. Other occupations also have age requirements for employees to satisfactorily perform related tasks.Gender-Businesses may discriminate based on gender only when it is necessary for a business continued successes. For example, when hiring a certain gendered wait staff is in compliance with the restaurants established reputation. Hooters is an establishment for which this is the case.Nationality-It is important to note here that nation of origin is not considered the same as race. Race is never a characteristic that an employer can lawfully discriminate against. On that note, nationality can be considered by employers when it is deemed reasonably necessary for an employee to be of a particular nationality. For example, when a movie director who is seeking an Indian actor to play Gandhi in a film.Religion-Instances in which religion is considered a BFOQ are rare. Unless the occupation is working for a religiously affiliated company, there are not many reasons for an employer to deem it reasonably necessary for an employee to be of a certain religion. However, an example would be if someone were applying for a job at a Christian book store, the employer may consider Christianity a BFOQ.Although bona fide occupational qualifications exist in all sectors of the workforce, they are only lawful when certain circumstances exist, and discrimination in any other setting is illegal.For more information about employer discrimination and BFOQs, consult the San Antonio employment lawyers of Melton & Kumler, LLP.





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