BFOQ - Need your comments

VanEngen

We have a Case Manager position open and we have had several qualified men apply for the job. These resumes have been returned to me saying that the women and their husbands, that the Case Managers serve, would never allow another man into the house. (Things could actually get violent.) Our job description says nothing about the position needing to be filled by a female only. Is this a BFOQ? Thanks for your help.

Paul in Cannon Beach

I wouldn't call myself an expert here but it doesn't sound like a BFOQ to me. In Oregon, a privacy issue could create a BFOQ in certain situations but this doesn't seem to reach that level. It only appears that your clients are more comfortable with a woman case manager for cultural or stereotypical reasons.

Other thoughts?

[email]paulknoch@hotmail.com[/email]

VanEngen

That is how I felt when I received the resumes back asking me to sent "thanks-but-no-thanks" letters. We don't have any qualified female applicants yet. The successful candidate must speak Spanish too (that IS a BFOQ). I just need some back up to take to the manager and CEO and thought that you all could help.

Tammy Jo

Gillian

BFOQ's that are based on customer preferences, surveys and that sort of thing are generally not successful. On the other hand, if you have a situation where violence is possible, you might want to get assistance to study the issue. The assistance might come from a community agency with expertise in the culture, or whatever it is that you are facing. After having done your homework, get some legal advice for this one. Maybe the issue is "bona fide".

System

I agree with Gillian. Your organization can be liable for sex discrimination even if it's based on clients' requests. But it could be justified by special circumstances -- if they're counseling rape victims, for example. But I wouldn't want to try a BFOQ without consulting a lawyer.
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Senior Editor
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Rockie

I don't see any way this could qualify for a BFOQ. As I understand BFOQ, this is a position that, by the nature of their sex, could only be filled by a male or a female. Example: If you are casting for the part of an actor or actress, then one would have to be male or female. I don't think there is any way you could refuse to hire somone because of client preference. If you had a client who was violently opposed to one sex or another coming into their home for good reason, then you could certainly honor their preference.

In health care this happens very frequently in the case of aides working with patients. Some patients, female in particular, do not want a male nurse, aide, technician, etc. anywhere near them. But...we could not refuse to hire a qualified male aide because a female might object to them.

Hope this helps. It's a sticky problem.

B_Jackson

Within the State of Michigan, a BFOQ must have an approval by the Michigan Department of civil rights or similar administrative body. Within our community there are regulations in community health which will require that a female be present when certain personal aide activities are being completed similar to the female nurse be present when a male doctor performs certain examinations, but it is not mandated, and is not a BFOQ. Gender as a BFOQ is practically non-existent.