Final answer:
You do not need to be from a protected class to bring a BFOQ claim. BFOQs allow certain qualifications that are essential for business operations, even if they might otherwise seem discriminatory. The courts decide if these qualifications are legally acceptable on a case-by-case basis.
Step-by-step explanation:
To answer your question, no, you do not necessarily have to be from a protected class to bring a Bona Fide Occupational Qualifications (BFOQ) claim.
In employment law, BFOQs allow employers to hire employees based on certain qualifications that are essential for the operation of the particular business, even though these qualifications might otherwise be considered discriminatory.
For instance, sex or gender might be considered a BFOQ in specific jobs where privacy is a concern, such as positions within gender-specific areas of correctional facilities or certain healthcare roles.
However, there are clearly established boundaries and rigorous tests for determining when a characteristic, such as sex, age, or religion, is a BFOQ.
The courts assess these on a case-by-case basis using critical criteria, including whether the characteristic is necessary for the essence of the business or if alternative accommodations are not reasonable.