Importance and Relevance of BFOQ
A Bona Fide Occupational Qualification (BFOQ) is a concept used by different organizations and Human Resource Managers (HRMs). A BFOQ is a work requirement that results in effective job performance. For example, a person of a specific gender or age can complete a specific job effectively.
This work requirement ensures the targeted individual completes the specified work in a proper manner. A “BFOQ derived in good faith is usually legal” (Skrentny, 2014, p. 3006). A “BFOQ is illegal if it discriminates against specific groups or races” (Dreher & Dougherty, 2002, p. 39). A person might fail to get a job because of his gender or religion.
This practice is embraced by different HRM departments. The HRM department will ensure the right people complete certain tasks in a proper manner. The HRM can delegate various jobs depending on such Bona Fide Occupational Qualifications.
Companies should use the concept to employ competent individuals. The approach will produce the best results (Dreher & Dougherty, 2002). HR managers should use the concept whenever assigning different duties. Managers can also use the concept to ensure their workers retire at the right age.
Organizational Difficulties Associated with BFOQs
Many firms have encountered numerous challenges because of these BFOQs. Failure to incorporate well-defined BFOQs can result in many difficulties in an organization. A poorly incorporated BFOQ will result in legal issues. For instance, issues of discrimination might arise in the organization.
Poor implementation of such BFOQs will also affect the performance of the targeted organization (Dreher & Dougherty, 2002). A poor implementation of such BFOQs will violate the civil rights of different workers. This fact explains why companies should consider every existing law.
Poor implementation of such bona fide qualifications can therefore result in many disagreements.
BFOQ and “Disparate Treatment”
The concept of BFOQ can be linked to Disparate Treatment (DT). According to Skrentny (2014, p. 3012), “disparate treatment is a form of discrimination whereby an employer treats some individuals as less favorite for specific jobs”. This treatment is usually based on the religion, color, race, or sex of the targeted people.
An employer “can make such decisions in an attempt to protect a specific gender or trait” (Skrentny, 2014, p. 3019). Disparate Treatment (DT) can therefore be confused with BFOQ. Disparate Impact (DI) can also arise from the concept of BFOQ. The practice might appear neutral in the eyes of many people.
However, it treats one race or group harshly. These malpractices can be easily confused with the concept of BFOQ. Staffing officers should therefore consider the issues surrounding the concept of BFOQ.
The Link between the ADA (1990) and BFOQs
The Americans with Disabilities Act (ADA) of 1990 protects the rights of disabled persons in the United States. According to the ADA, every disabled person should get fair treatment and remuneration (Skrentny, 2014). The Act also requires employers to accommodate every disabled worker.
Companies should also ensure their buildings and structures are accessible to disabled persons. That being the case, the ADA (1990) should inform the concept of BFOQ. Employers can hire such individuals to provide the best services to disabled customers.
Companies should “not discriminate their employees because of such disabilities” (Dreher & Dougherty, 2002, p. 73). The ADA and BFOQ concepts should be combined whenever hiring new workers. Any attempt to exclude a disabled person based on the BFOQ concept is an offense.
Reference List
Dreher, G., & Dougherty, T. (2002). Human Resource Strategy: A Behavioral Perspective for the General Manager. Boston, MA: McGraw Hill.
Skrentny, J. (2014). Have We Moved Beyond the Civil Rights Revolution? The Yale Law Journal, 123(1), 3002-3034.