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Questions tagged [bfoq]

Bona Fide Occupational Qualification (BFOQ) is a type of affirmative defence an employer can use in a discrimination case in the United States. (It allows discrimination for factors essential to the performance of a job.)

23 votes
3 answers
11k views

Can a racist business owner legally get away with saying he only wants to hire people that 'look white'?

This is a belated follow up to an earlier question where I asked how one can get away with hiring actors of an appropriate race when BFOQ (Bona Fide Occupational Qualifications) exceptions do not ...
dsollen's user avatar
  • 8,500
10 votes
4 answers
2k views

Is it Illegal for me to refuse to hire a white child actor because the already selected parent is black and the child isn't adopted?

Title VII of the Civil Rights Act of 1964 reads: "It shall be an unlawful employment practice for an employer—(1) to fail or refuse to hire or to discharge any individual, or otherwise ...
dsollen's user avatar
  • 8,500
28 votes
6 answers
7k views

Is the requirement to have positive attitude discriminatory?

Many companies list "positive attitude" as a requirement for the candidates, including job positions that have nothing to do with customer service or management (for which jobs it could be ...
Entiro's user avatar
  • 439
3 votes
3 answers
2k views

Can I ask a potential employee if they are colorblind?

We have an inspector's position open. The job duties are to perform detailed inspection on parts we manufacture. Our customer requires that their parts be inspected by someone who is not colorblind. ...
noslenkwah's user avatar
4 votes
2 answers
1k views

Could I apply for a job at Hooters with the intent of suing for a settlement when they don't hire me?

The highest ranked answer to a previous question states that BFOQ exceptions (probably) would not be a sufficient argument for allowing Hooters to discriminate against a protected group. In fact the ...
dsollen's user avatar
  • 8,500
31 votes
2 answers
12k views

What are the rules on businesses that wish to only hire attractive females?

Many businesses feature beautiful female employees as part of their business plan and service offering. Examples include: Hooter's waitresses Sportclips stylists A small chain of drive-thru smoothies ...
Hack-R's user avatar
  • 437
7 votes
1 answer
620 views

Can one apply to be a Hooters Girl for a free settlement?

As per discussion at Is it legal to let people search for professionals by gender?, it was mentioned that customer satisfaction and preferences alone do not justify a Bona Fide Occupational ...
cnst's user avatar
  • 5,078