bona fide occupational qualification

Definition

A legally permissible reason to discriminate in hiring based on characteristics like age, sex, or religion because they're essential to the job. Abbreviated as BFOQ, the rare loophole in anti-discrimination law.

Example Usage

Being female is a BFOQ for the women's locker room attendant position, but not for software engineering despite what that startup claimed.

Origin

Established in Title VII of the Civil Rights Act of 1964

Fun Fact

BFOQs are interpreted extremely narrowly by courts—customer preference alone never qualifies, which is why Hooters lost several discrimination lawsuits.

Source: Employment law and equal opportunity terminology

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