Bona Fide Occupations: A Case Study

PART 1 A Bona Fide Occupations Qualification or known as simply BFOQ is a work requirement necessary to the everyday performance of a job. Being a certain age, gender or having the ability to lift heavy objects might apply (Sharp, 2015). Cardware has stated specifically in their ad what type of individual they were seeking. The ad is not targeting a certain age group, or an individual with a certain physical fitness A salesperson experienced in retail sales or marketing preferred, energetic youthful, athletic, and able to “sport” the clothing lines of The Sporty One with style. Cardware has placed valid BFOQ’s in their ad, pertaining to the individual. The Civil Rights Act of 1964 Section seven and the Age in Discrimination Act of 1967 both contain a BFOQ defense in employment discrimination law in the United States (Sharp, 2015).
Furthermore, there are many examples of BFOQ’s in various industries such as education, law enforcement and aviation. These industries require a mandatory age requirement for safety purposes. An education example might be when a Catholic school may lawfully require that its member of faculty be a member of that denomination and reject anyone who is not a member. Bus drivers, police officers and
However, Noah is a young college student with no retail experience, he has only had customer service experience in a gaming company the he worked for. The slogan “you don’t have to be an athlete to look and feel like one.” Customer satisfaction is what the success of Cardwares clothing line relies on and this will be in Cardwares defense. Therefore, the sales person who reflects the ad description will appeal better to customers. The cases of Diaz v. Pan Am. World Airways, Inc. (1970) and Wilson v. Southwest Airlines Co (1981) portray that customer preference of females does not make feminism a BFOQ for flight