Bona Fide Occupational Qualification (BFOQ) as a Discrimination Defense

Discrimination based on religion, sex or national origin is not illegal if you can prove that “religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the business enterprise.”1 Similarly, it is not unlawful under the ADEA (age discrimination) to take action based on a BFOQ.2

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