Final answer:
To use the bona fide occupational qualification (BFOQ) defense, employers must prove a legitimate business necessity. The qualifications must be essential to the operation of the business, and there are strict tests to determine if a trait, such as gender, can legitimately be used as a BFOQ. Race can never be a BFOQ, and the EEOC oversees the enforcement of such laws.
Step-by-step explanation:
To use the bona fide occupational qualification (BFOQ) defense, employers must prove C) A legitimate business necessity. BFOQs are specific qualifications that are reasonably necessary to the normal operation of a certain business or enterprise. Under United States law, the BFOQ defense is an exception to the prohibition against discrimination based on protected categories such as religion, national origin, age, and sex.
For instance, hiring a person of a specific religion for a role within a religious institution, or determining a mandatory retirement age for safety-sensitive positions such as airline pilots, may constitute a BFOQ.
However, under no circumstances is race considered a BFOQ, and employers are prohibited from discriminating on this basis. The Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws and provides guidance on what constitutes a legitimate BFOQ.
Employers must pass a strict scrutiny to use BFOQ as a defense, which includes proving that a trait like gender is essential to the job role, and that no reasonable alternative accommodations could be made without impeding the business operation.