A bona fide occupational qualification is an affirmative defense for which the employer has the burden of showing a reasonable basis for believing that persons in the category can be excluded from a particular job.

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This is because a bona fide occupational qualification (BFOQ) allows employers to discriminate on the basis of protected characteristics (such as age or gender) if those characteristics are reasonably necessary to the normal operation of a particular business or enterprise. However, the burden of proof rests on the employer to demonstrate that there is a real and reasonable basis for the BFOQ defense.

A Bona Fide Occupational Qualification Is an Affirmative Defense for Which