Which of the following statutory defenses available to an employer requires the employer, the defendant, to establish that he or she must hire employees of only a certain age to safely and efficiently operate the business in question?

Question

Quizplus · Accepted Answer

The statutory defense of bona fide occupational qualification (BFOQ) allows employers to discriminate on the basis of a protected characteristic such as age, but only if it is necessary for the safe and efficient operation of the business. Therefore, the employer would need to establish that age is a BFOQ for the particular job in question. The other options listed (after-acquired evidence, executive exemption, mixed motives) do not require such a showing.

Which of the Following Statutory Defenses Available to an Employer