tional Qualification (BFOQ) is contained in Title VII of the Civil Rights Act of 1964. Under this title, employment in particular jobs may not be limited to individuals of a particular sex, religion, or national origin unless the employer can show that one of these factors is an actual and necessary qualification for performing the job. BFOQ is usually decided on a case-by-case basis. Race is never a BFOQ. When BFOQ is used as a defense, the employer admits sex discrimination but under the terms of the statute it is justified (Sovereign, p.91). The Supreme Court has determined that the BFOQ exception is intended as a narrow exception to the prohibition of sex-based discrimination (Hawke, p.58). Title VII of the Civil Rights Act of 1964 states that it is unlawful for an employer to refuse to hire, discharge or discriminate against an individual because of race, color, religion, sex or national origin. Under Title VII sex discrimination is not unlawful if BFOQ can be proven as necessary for that position. PROVING DISCRIMINATION Employee Position Employees alleging discrimination must attempt to prove a prima facie case. Prima facie means that before a person can go to court, it must be shown that a wrong has been committed by stating certain facts (Sovereign, p.38). The employee must show that he is a member of a protected class and has suffered an adverse employment action. An adverse employment action is anything the employer does which affects the employees job and is not positive. For example, if an applicant applies for an open position that he is qualified for, is rejected, and that position remains open and the employer continues to seek applicants, this could be discriminatory treatment. Adverse actions can range from firing, failure to hire, or failure to promote. The employee then has to show that the employers reason for the adverse action was not legitimate. This is known as showing that the employ...
