Under anti-discrimination law, which concept allows job criteria based on sex or other protected characteristics if essential to the job?

• A. Bona fide occupational qualification
• B. Disparate treatment theory
• C. Disparate impact theory
• D. Affirmative action plan

Answer: (A)

Bona fide occupational qualification is an exception to anti-discrimination rules that lets an employer base a job criterion on sex or other protected characteristics when that trait is reasonably necessary to the duties of the position. If the job requires a trait to perform its core functions safely and effectively, using that criterion can be permissible. For example, certain roles that involve intimate patient care or confidential religious duties may justifiably require staff who share a particular protected characteristic or faith, provided the criterion is essential to the job and not a mere preference or stereotype.

Disparate treatment and disparate impact relate to challenges to discrimination or to broad adverse effects of neutral policies, not a defense that a specific essential job requirement is allowed. An affirmative action plan is about proactive efforts to increase representation and does not justify a single job criterion by itself.