An employer may defend against an age discrimination claim by showing that age is a bona fide occupational qualification (BFOQ).

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An employer may defend against an age discrimination claim by showing that the termination was based on a legitimate,nondiscriminatory reason (such as poor performance) or that age is a bona fide occupational qualification (BFOQ).The Age Discrimination in Employment Act (ADEA) provides that an employer can defeat an age discrimination claim by demonstrating that a "reasonable factor other than age" (like poor attendance) was the actual reason for terminating or otherwise disfavoring an older worker.

An Employer May Defend Against an Age Discrimination Claim by Showing