glossary

Bona Fide Occupational Qualifications (BFOQ)

A Bona Fide Occupational Qualification is one that an employer is allowed to consider when making certain employment decisions (e.g., hiring and retention) – that when otherwise considered in another context, would constitute prohibited discrimination. The qualification must relate to the essential functions of the job and must be necessary to the success of the business.  Each application of the BFOQ exception is considered on its own merit and the employer must be able to prove necessity. Stereotyped characterizations are usually not accepted.

BFOQ Examples:

• Mandatory retirement age for airplane pilots, for safety reasons.

• A religious denomination requiring its clergy to be of that particular denomination.

• Models and actors for authenticity.

• Some emergency personnel to be bi-lingual, based on language competency and not national origin.

Ethnic/Racial Slurs

Ethnic and/or racial slurs are terms or words that are used to insult a person because of their race, ethnicity, national origin and/or culture.  They are insinuations, they are meant to be demeaning and disrespectful, and, they show contempt or disapproval. They may also be formed by using a common modifier with the name of an ethnicity or group. Some of the modifiers may be stupid, dirty, filthy, nasty, pig, dog, etc.

Intimidating, Offensive or Hostile Work Environment (Hostile Work Environment)

A hostile work environment occurs when the conduct directed towards an employee becomes so frequent or severe, and is so pervasive that it interferes with the ability of that employee to perform their job.  It is very specific.  A boss who yells, is rude or annoying, does not necessarily create a hostile work environment; however, constant acts of sexual harassment may create this situation.

Stereotypes

Stereotypes are commonly held beliefs about specific social groups or types of  individuals.  They are standardized and simplified conceptions based on generalizations or prior assumptions. They can be positive or negative but all are unfair, misleading and often wrong.