Final answer:
Hiring only men to lift 50 lb boxes is not automatically considered a BFOQ. Courts apply a three-part test, including necessity for the job, the essence of the business, and the possibility of alternative accommodations, to determine legitimacy on a case-by-case basis.
Step-by-step explanation:
When determining whether hiring only men to lift 50 lb boxes is an example of a Bona Fide Occupational Qualification (BFOQ), we must consider the established three-part test. First, whether all or substantially all women would be unable to perform the job due to physical limitations, such as lifting 50 lb boxes, which is often not a valid reason since most women can lift this weight. Second is the “essence of the business” test, which establishes that hiring exclusively based on gender should not undermine the essence of the business operation. Lastly, whether there are no reasonable alternative accommodations that could be made by the employer. In most cases, the decision on BFOQs is taken on a case-by-case basis, where factors such as the nature of the job tasks, the business model, and privacy concerns are considered by the courts before deeming it permissible to discriminate based on gender.