Bona Fide Occupational Qualifications: Exception to Title VII
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I believe that the Bona Fide Occupational Qualification is necessary. There are exceptions to every rule, and this provides an exception to Title VII of the 1964 Civil Rights Act. "Title VII states that an employer cannot discriminate based on race, color, religion, sex, or national origin (Dessler, 2013). In other words, while it is illegal to only hire women to work at Hooters, it is perfectly legal to only hire females to model a new line of women's fashions. "Bona fide occupational qualifications generally only apply to instances in which the BFOQ is considered reasonably necessary to the normal operation of a particular business" (Bona fide occupational qualifications, 2014). Men modeling Victoria's Secret's newest undergarment collection isn't relatable to the company's target market of women, and therefore isn't going to drive sales.
Bona fide occupational qualifications. (2014). Retrieved from Wikipedia: http://en.wikipedia.org/wiki/Bona_fide_occupational_qualifications
Dessler, G. (2013). Managing Human Resources. (13th ed). Upper Saddle River: Prentice Hall.
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Solution Summary
This solution is about 300 words and includes a reference; thoroughly discussing why a Bona Fide Occupational Qualification (BFOQ) doctrine is needed, when it essentially appears to provide a venue for violation of Title VII. By utilizing examples, the solution explains why an organization must "discriminate" against a protected class due to certain "qualifications" of other groups. For example, it is acceptable for a drug company to seek out female study patients only to test an investigational drug for ovary cancer. Although it is illegal to discriminate based on sex, men do not possess the required "qualifications" (ovaries) to perform in the job.
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The Bona Fide Occupational Qualification (BFOQ) doctrine is necessary to balance operational functionality with avoidance of discrimination. For example, the presence of a disability qualifies a job candidate or employee to be in a Federal protected class in regards to employment practices. Employers are bound by law to provide "reasonable accommodation" to job candidates or employees via modification of an employment testing process and/or how a job function is performed (Equal Employment ...
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