Sex Discrimination Lawyer Woodland Hills CA
In general, an employer cannot discriminate based on factors like race, religion, gender, disability, etc — as a sex discrimination lawyer Woodland Hills, CA trusts can explain. However, the Civil Rights Act of 1964 and the Age Discrimination in Employment Act do actually allow for certain types of discrimination in the workplace. The only time an employer can discriminate is because of a bona fide occupational qualifications (BFOQ).
How Bona Fide Occupational Qualifications Could Be Used as a Defense
If an employer is facing an employment practice claim or a discriminatory hearing, they could use a BFOQ as a defense. The court may review the defense to see whether or not the employer can:
- Show the BFOQ as a business necessity;
- Demonstrate it is rational;
- Prove that the BFOQ stems from a legitimate belief in that almost al employees outside of the small class of BFOQs would not qualify for the position; and
- Show that this belief can be proven/disproven with various tests, or that considering the excluded class of people is not practical based upon the testimony of expert witnesses, research, and data.
When Safety Concerns Could be Used in a BFOQ Defense
An employer could cite safety concerns as a BFOQ defense, as a sex discrimination lawyer in Woodland Hills, CA turns to can. They will need to prove how the BFOQ meets their goals, without an alternative or discriminatory impact. Examples of safety BFOQs include:
- The ability for a person to stand for a long period of time
- The ability for a person to sit for a long period of time
- The ability to lift a certain amount of weight
- The ability for a person to see clearly, or have 20/20 vision
Limitations to BFOQs
An employer cannot use a BFOQ based on an unproven bias or assumption. For example, an employer cannot only hire women at a children’s school based on a stereotypical belief that only women should be teachers.
Examples of Bona Fide Occupational Qualifications
- Age: Mandatory retirement ages for law enforcement and pilots. This is based on safety reasons and fitness ability.
- Gender: A clothing or acting company may advertise for a female model/actor when they need to fill a role of a specific gender.
- National Origin: A Spanish restaurant may only hire a Spanish chef.
- Religion: A Baptist College may require their faculty to be Baptist.
Do You Need a Sex Discrimination Lawyer in Woodland Hills, CA?
Whether you are an employer facing a discriminatory charge or are an employee who beliefs they have been discriminated against, you should have a San Francisco, CA sex discrimination lawyer. BFOQ claims are particularly complex and generally need ample time to build a strong defense.
To learn how a lawyer might make a difference in your case, call Barry P. Goldberg, PLC. For many years, our employment discrimination lawyers have been helping plaintiffs and defendants with a broad range of issues including those related to bona fide occupational qualifications. We’ve successfully recovered millions of dollars in damages for our clients and are ready to listen to your story during a free and confidential consultation. Call a sex discrimination lawyer Woodland Hills, CA relies on today.