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BFOQBona Fide Occupational Qualification
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upholding hiring of only female nurses as a BFOQ when nursing
1984) (holding that it was not an unlawful employment practice for officials at a Jesuit university to hire and employ members of their own religious community rather than a non-Catholic applicant for designated positions teaching philosophy where being Catholic was a BFOQ reasonably necessary to further operational goals).
And, in this respect, Justice Marshall's concerns regarding the malleability of the BFOQ were prescient, not only in the context of the BFOQ defense itself but also in the related analysis employed in the "business-necessity" defense announced the following year in Griggs.
And really this is not so different from the function of the (generally narrower) BFOQ exceptions in Title VII or any antidiscrimination statute.
firm Fowler White Boggs, said a BFOQ defense in this case would be a difficult one to mount because the credit union would have to show that there was something about working at PSFCU that only Poles could do.
The only other recognized BFOQ defenses have been 'authenticity in a theatrical setting' or privacy-related.
This exception, entitled a BFOQ (Bona Fide Occupational Qualification), permits organizations to base employment decisions on religious preference, gender or national origin if it can be demonstrated that these specific socio-demographic characteristics are "reasonably necessary to the normal operation of that particular business or enterprise" (42 U.
55) However, in order for the BFOQ to be allowed under [section] 4(f)(1), the age-based discrimination must be "reasonably necessary to the normal operation of the particular business.
119) Regarding the second type, the Court rejected the defense that the policy only excludes some women, but still found the BFOQ defense appropriate if applicable.
This student would denote that the plaintiffs' log of preferential treatment and perceived discriminatory behavior would be difficult to disprove since the BFOQ defense does not seem to apply.
The Court interpreted the statutory defense of BFOQ under Title VII as narrow.