220k views
5 votes
A defence that excuses discrimination on a prohibited ground when it is done in good faith and for a legitimate business reason is legally known as a bona fide occupational requirement.

a. true
b. false

1 Answer

7 votes

Final answer:

The statement that a defense excusing discrimination based on a good faith, legitimate business reason and known as a bona fide occupational requirement (BFOQ) is true. BFOQs allow for discrimination in certain cases, like religion or gender, when it is essential for a business's operation, though not for race.

Step-by-step explanation:

A defense that excuses discrimination on a prohibited ground when it is done in good faith and for a legitimate business reason is known as a bona fide occupational qualification (BFOQ). This is true, as BFOQs are qualifications that are essential to the operation of the specific business which, in cases where discrimination would normally be unlawful, provide a legal defense for certain types of discrimination. Essential areas where BFOQs can be applied include religion, national origin, age, and sex, but not race. For instance, it may be a BFOQ to hire a female guard at a women's prison due to privacy concerns or a mandatory retirement age for airline pilots for safety reasons. The rational basis test is often applied by courts to decide cases on discrimination, requiring those challenging discrimination to prove there is no valid reason for the different treatment.

User Smbd Uknow
by
7.9k points