Legal: Bona Fide Occupational Qualifications (BFOQ)
Guidelines
Anti-discrimination laws are based on the concept that employers should make decisions concerning an individual's terms and conditions of employment based on the person's ability to actually do the job. Therefore, it is important for you to understand the concept of a Bona Fide Occupational Qualification (BFOQ). A BFOQ is a specific job requirement for a particular position reasonably necessary to the normal operation of the business.
You should make decisions about employment, hiring, termination, promotions, etc., based on the individual’s ability to perform the BFOQs for the position. This requires you to first determine the qualifications for a given job and then evaluate the individual’s ability to meet those qualifications.
Disclaimer
This material was developed for use by State and Local Association Executives. Some of the information may not be applicable to other audiences. This guide is intended to provide accurate and authoritative information with regard to the subject matter covered. Although every effort has been made to ensure the accuracy and completeness of this information, the authors and editors of this guide cannot be responsible for any errors or omissions. This guide is not a substitute for legal or technical advice. Associations that need legal or technical advice should obtain opinions from their own legal or technical advisors.
Consulting Services Available from NAR Human Resources
Fee-based consulting services are available from NAR's Human Resources Department. For more information, contact Donna Garcia, Director Human Resource Services, at dgarcia@realtors.org, (312) 329-8311.
