The bona fide occupational qualification:
A. operates as a defense to claims for discrimination based on religion, national origin, gender, and age.
B. has been found not to apply to sex discrimination cases.
C. operates as a defense only to claims for discrimination based on gender.
D. cannot operate as a defense to claims for discrimination
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oh no! I wasn't trying to get someone to do my homework for me just like the other question i posted i meant to post what my original answer was which is A. because the BFOQ has defense claims for gender and age and i just need soem clarification
A is correct. :)
The correct answer is A. The bona fide occupational qualification (BFOQ) is a legal concept that allows employers to discriminate based on certain protected characteristics (religion, national origin, gender, and age) if it can be proven that such discrimination is reasonably necessary for performing a particular job.
To arrive at this answer, you could have followed these steps:
1. Understand the concept of the bona fide occupational qualification, which is an exception to anti-discrimination laws.
2. Use this understanding to eliminate answer choices that contradict the concept of BFOQ.
3. Analyze the remaining answer choices to determine which one accurately reflects the application of BFOQ.
Let's break down the other answer choices to see why they are incorrect:
- B. The statement that the BFOQ does not apply to sex discrimination cases is false. BFOQ can apply to cases of gender discrimination if it can be proven necessary for the job.
- C. The statement that the BFOQ operates as a defense only to claims for discrimination based on gender is incorrect. The BFOQ can apply to multiple protected characteristics, not just gender.
- D. The statement that the BFOQ cannot operate as a defense to claims for discrimination is incorrect. The BFOQ is specifically designed to provide a defense in certain discrimination cases.