Bona Fide Occupational Qualifications - BFOQ

Contrary to popular belief, not all forms of discrimination are illegal. The Civil Rights Act of 1964 outlaws discrimination against race, color, sex, national origin, and religion in schools, public places, and employment. Subsequently the Civil Rights Act of 1968 added the protection of protected classes in the sales, rental and financing of homes as the prior act lacked federal enforcement of housing provisions (Title VII, Civil Rights Act, 42 U.S.C. 1981). Intuitively it would appear then that all discriminatory practices without question then are against the law. Of course, though in the case of Everson V. Michigan Department of Corrections the matter is no longer clear-cut.

Corrections officers alleged that a policy which stated that only female officers could work in housing units at female prisons. Men and women filed suit as this policy limited the career paths and opportunities of both. Attorneys for the officers alleged that due to discrimination based on a protected class status, sex that an adverse impact exists. An adverse impact is the result of disproportionately limiting or denying employment opportunities for a protected class resulting from the use of a neutral requirement or practice, which is not necessary for the job duties. For this reason then the suit seems valid.

When employers use a bona fide occupational qualifications defense careful scrutiny of three issues occurs. First, the job must require authenticity. A case in point would be a Chippendales Dancer as clearly no female would be able to perform this job without the business loosing its essence. Second, public safety must be a concern. In Dothard v. Rawlinson the court ruled that barring corrections officers in Alabama was justified as their safety from sexual assault was too high of a risk for both the officers and the prison as riots would have likely ensuedAs it was, an exception to the rule surfaced.

Three lawsuits by female prisoners alleging an epidemic of sexual abuse had to be into consideration. Furthermore, sixteen years worth of allegations, totaling 208, only 19 involved female corrections officers. In contrast to courts ruling in Dothard V. Rawlinson the safety of the prisoners from the officers was established. In the final analysis of bona fide occupational qualifications, the exception only has chance when the circumstances are extreme.