Is Sex Discrimination Ever Allowed In Hiring Process?

Is sex discrimination ever allowed in the hiring process?

Technically, yes, BUT there’s a very small number of jobs and situations where sex discrimination is ever allowed in the hiring process.

Employers can use sex discrimination for certain jobs. These jobs are known as “bona fide occupational qualification” (BFOQ).

Examples of BFOQ jobs:

• Acting roles where there are female roles and male roles.
• Clothing manufacturers of menswear may advertise for male models.

What does not constitute a BFOQ? Title VII prevents sex discrimination based on the following 3 situations from WorkplaceFairness.org:

1. Employers cannot refuse to hire a person of a certain sex because of stereotypes regarding sex-based employment characteristics. 
2. Employers cannot refuse to hire a person because of their preferences or their customer’s preferences. 
3. Employers cannot refuse to hire women because of sex-based assumptions where they compare male and female employment characteristics.

Safety is not a concern in BFOQ.

Safety is not taken into consideration when it comes to cases of sex discrimination. A manufacturing plant that places its employees at risk for lead exposure cannot refuse to hire a pregnant woman because of the safety risks. It is illegal discrimination. If that women is capable of doing and efficient at the job then they must be considered for employment. This is a complex case, however, and there may be other health and safety issues involved in situations like these.