An employer wishing to use age as a BFOQ in defending itself against an age discrimination suit must show,among other things,that:

Question

Quizplus · Accepted Answer

To use age as a BFOQ, the employer must provide evidence that some individuals within the excluded age group possess a disqualifying trait that cannot be ascertained except by reference to age. This means that age is essential to the individual's ability to perform the job safely and effectively. The other choices are incorrect. A BFOQ does not fall under any specific court ruling, and statistical unlikelihood alone is not enough to defend against an age discrimination lawsuit. The fact that the employer has never had an individual above the cutoff age perform the job denied the plaintiff is irrelevant.

An Employer Wishing to Use Age as a BFOQ in Defending