When “BFOQ” Is Not a Defense

Bona fide occupational qualifications (or BFOQ’s) are a legitimate defense for employment discrimination based on age, gender, religion, and nationality in certain cases. However, it is important to know that employers occasionally apply this defense when it is not applicable.

If you or anyone you know has been discriminated against by an employer, contact a San Antonio employment lawyer from Melton & Kumler, LLP at 800-681-6932 immediately for a free consultation. You may be entitled to compensation for these illegal practices.

Justifying BFOQ’s

In order to successfully defend a BFOQ, employers must prove the following:

• Job relatedness–Employers must demonstrate that the qualification legitimately affects the employee’s ability to perform the essential functions of the job in question
• Business necessity–Employers must demonstrate that the qualification is necessary for the business’s continued success
• No reasonable accommodations–Employers must demonstrate that there are no reasonable accommodations for persons who do not meet the stated qualifications

Unless all three criteria are met, employers do not have the right to discriminate against potential employees based on age, gender, religion, or nationality. Additionally, it is never legal for employers to discriminate based on color or race.

Contact Us

BFOQ defense is extremely specialized. If you have been discriminated against, and the employer used BFOQ as a defense, contact the San Antonio employment lawyers of Melton & Kumler, LLP at 800-681-6932 to make sure that you were not unlawfully discriminated against.