Section 2500.50  Bona Fide Occupational Qualification

Section 2-104(A) of the Act prescribes that it is not a violation for an employer, employment agency or labor organization to discriminate based on a criterion which constitutes a bona fide occupational qualification (BFOQ) for a particular job.  This exemption is narrowly construed, and the person claiming the exemption bears the burden of establishing that it is available in the particular instance.  A BFOQ is properly applied as an exclusion of an entire class of individuals on the basis of a standard that is necessary for safe or efficient job performance.  If an employer or employment agency can demonstrate that all persons with a particular physical or mental condition would be incapable of performing a specific job in a safe or efficient manner, the BFOQ exception to the Act may be invoked.  Some examples of BFOQs for specific positions are as follows: sight for a school crossing guard; speech for a radio announcer; and hearing for an air traffic controller.  Freedom from any condition which merely presents a risk of future injury cannot qualify as a BFOQ.  If an individual can perform the position in question safely and efficiently with a reasonable accommodation, a BFOQ defense to a charge of discrimination cannot be established.