Which characteristic cannot be used as a Bona Fide Occupational Qualification?

Which characteristic cannot be used as a Bona Fide Occupational Qualification?

• A. National Origin
• B. Religion
• C. Gender
• D. Race

Answer: (D)

Bona Fide Occupational Qualification allows an employer to consider certain protected characteristics if they are essential to how the job is performed. Race cannot be used as a BFOQ because federal law prohibits discrimination based on race, and the BFOQ defense does not extend to race. The other characteristics can be permitted as BFOQs in very narrow, job-related situations: religion can be a BFOQ for roles involving religious duties; national origin can be a BFOQ in cases requiring authenticity or language/cultural requirements; gender can be a BFOQ for positions where privacy or the nature of the work necessitates a specific gender. Therefore, race is the characteristic that cannot be used as a BFOQ.

Bona Fide Occupational Qualification allows an employer to consider certain protected characteristics if they are essential to how the job is performed. Race cannot be used as a BFOQ because federal law prohibits discrimination based on race, and the BFOQ defense does not extend to race. The other characteristics can be permitted as BFOQs in very narrow, job-related situations: religion can be a BFOQ for roles involving religious duties; national origin can be a BFOQ in cases requiring authenticity or language/cultural requirements; gender can be a BFOQ for positions where privacy or the nature of the work necessitates a specific gender. Therefore, race is the characteristic that cannot be used as a BFOQ.