TITLE 56: LABOR AND EMPLOYMENT
CHAPTER XI: HUMAN RIGHTS COMMISSION
PART 5220 JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND THE DEPARTMENT OF HUMAN RIGHTS: NATIONAL ORIGIN DISCRIMINATION IN EMPLOYMENT
SECTION 5220.300 THE BONA FIDE QUALIFICATION EXCEPTION


 

Section 5220.300  The Bona Fide Qualification Exception

 

The exemption stated in section 2-104(A) of the Human Rights Act, which allows discrimination if national origin is a bona fide occupational qualification will be strictly construed.  The burden is on the employer to prove that no person of a particular national origin can perform the job in an acceptable manner.