The bona fide occupational qualification (BFOQ)defense is available for cases involving all of the following except:

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Employers also may defend against disparate treatment cases by showing that the basis for the employer's intentional discrimination is a bona fide occupational qualification (BFOQ) reasonably necessary for the employer's particular business. This is available only for disparate treatment cases involving gender, religion, and national origin and is not available for race or color. BFOQ is legalized discrimination and, therefore, very narrowly construed by the courts.

The Bona Fide Occupational Qualification (BFOQ)defense Is Available for Cases