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PHR · Question #124

Kelly's organization has posted a new job opening for their organization. This job opening is for a woman to be the restroom attended, for all women's restrooms and locker rooms, in their organization

The correct answer is A. This is an example of an exception by bonafide occupational qualification to the Title VII of the Civil. Requiring a female applicant for a women's restroom attendant position qualifies as a Bona Fide Occupational Qualification (BFOQ), which is a recognized exception to Title VII's anti-discrimination provisions.

Employee and Labor Relations

Question

Kelly's organization has posted a new job opening for their organization. This job opening is for a woman to be the restroom attended, for all women's restrooms and locker rooms, in their organization. Kelly believes, however, that the requirement for the applicant to be a female is a violation of the Title VII of the Civil Rights Act of 1964. Which one of the following is the best answer for this scenario?

Options

  • AThis is an example of an exception by bonafide occupational qualification to the Title VII of the Civil
  • BThis is an example of a violation of the Title VII of the Civil Rights Act of 1964
  • CThe sex of applicants is excluded from the Title VII of the Civil Rights Act of 1964
  • DThis is not a violation of the Title VII of the Civil Rights Act of 1964 because there is an equal

How the community answered

(44 responses)
  • A
    70% (31)
  • B
    5% (2)
  • C
    7% (3)
  • D
    18% (8)

Why each option

Requiring a female applicant for a women's restroom attendant position qualifies as a Bona Fide Occupational Qualification (BFOQ), which is a recognized exception to Title VII's anti-discrimination provisions.

AThis is an example of an exception by bonafide occupational qualification to the Title VII of the CivilCorrect

Title VII permits sex-based hiring when sex is a BFOQ - a characteristic reasonably necessary to the normal operation of that particular business. A women's restroom and locker room attendant role involves intimate settings where privacy and safety concerns make the applicant's sex a legitimate job requirement. This narrow BFOQ exception does not constitute a violation of Title VII because the qualification is directly tied to the core function of the job.

BThis is an example of a violation of the Title VII of the Civil Rights Act of 1964

This is not a violation because the BFOQ exception explicitly allows sex-based requirements when the nature of the job makes sex a genuine occupational necessity.

CThe sex of applicants is excluded from the Title VII of the Civil Rights Act of 1964

Sex is not excluded from Title VII - it is one of the protected classes, but the BFOQ exception provides a lawful basis for this specific requirement.

DThis is not a violation of the Title VII of the Civil Rights Act of 1964 because there is an equal

The best answer is the BFOQ exception rather than an equal opportunity argument, because BFOQ is the specific legal doctrine that addresses this scenario.

Concept tested: Bona Fide Occupational Qualification exception under Title VII

Source: https://www.eeoc.gov/laws/guidance/questions-and-answers-clarification-management-directive-715

Topics

#BFOQ#Title VII exception#sex discrimination#Civil Rights Act 1964

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