Under Title VII of the Civil Rights Act of 1964,if an employer uses the bona fide occupational qualification as a defense to an age discrimination claim,the employer has to demonstrate that:

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An employer's proof of a bona fide occupational qualification under the Age Discrimination in Employment Act is slightly different and less exacting than under Title VII of the Civil Rights Act of 1964. Title VII requires that the employer demonstrate that the essence of the business requires the exclusion of the members of a protected class and all or substantially all of the members of that class are unable to perform adequately in the position in question.