Reference no: EM132769189

The differences between Bonafide Occupational Qualification (BFOQ) and Business Necessity are as follows:

To exercise a BFOQ, an employer must show that a specific characteristic is reasonably necessary for its normal business operations (Laws, 2019). BFOQ are employment qualifications that employers are allowed to consider while making decisions about hiring and retention of employees.

The qualification should relate to an essential job duty and is considered necessary for operation of the particular business. In order to establish the defense of BFOQ, an employer must prove the requirement is necessary to the success of the business and that a definable group or class of employees would be unable to perform the job safely and e                     fficiently (Laws, 2020).

To justify business necessity an organization must have a legitimate business purpose that defends an employment decision as needed to achieve the organization's goals and ensure operations run safely and efficiently (U.S. Legal.com, 2020). The business necessity defense was judicially created and originated in the aftermath of Title VII when employers established facially neutral job criteria as a pretext for discrimination .

The courts considered the criteria permissible, even though in violation of Title VII, if the qualifications set were necessary for the efficient operation of the business (U.S. Legal.com, 2020).

Business necessity is distinguishable from the BFOQ provision because it does not require overt discrimination. An employer can legitimately utilize the business necessity defense to justify an overtly discriminatory hiring policy.