In response to a Title VII action, an employer may raise the bona fide occupational qualification defense, which allows an employer to discriminate in certain circumstances when doing so is necessary for the performance of the job.

Question

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The bona fide occupational qualification (BFOQ) defense under Title VII of the Civil Rights Act of 1964 allows employers to engage in what would otherwise be considered illegal discrimination if it is necessary for the performance of specific job duties. This exception is narrowly interpreted and typically applies to cases involving gender, religion, or national origin, but not race or color.

In Response to a Title VII Action, an Employer May