Question

Discuss and give examples of when age can be a bona fide occupational qualification (BFOQ). What are some examples of age discrimination under the Age Discrimination Employment Act? As the head of human resources, what recommendations would you have to prevent your company from violating this act?

Answer 1

A bona fide occupational qualification (BFOQ) is a specific attribute and quality that employers are allowed to consider while hiring or retention of employees which otherwise would constitute discrimination. Age can also be a BFOQ in certain cases. For example, the maximum mandatory retirement age of a bus driver or airplane pilots can be less than that is other professions due to the reason of safety. Note that the safety of the passengers ot goods in the essential condition for the normal operation of these jobs. So, the early retirement should not amount to discrimination under the civil rights employment law.

The Age Discrimination Employment Act of 1967 prohibits the employers in discriminating based on age when the employee has an age more than 40 years. For example, refuse to hire a candidate only due to a high age is a discrimination. Denial or reduction of benefits to older employees is also discrimination. Similarly, termination, layoff decisions, wage reduction etc. based on age as a criterion will also constitute to discrimination.

As an HR head, it is very important to first create awareness regarding the Age Discrimination Employment Act at every function in a formal manner. The following initiatives will also help prevent age discrimination.

• In the entire hiring procedure (which is documented), mention the age of a candidate when it is BFOQ only.
• Train the interviewers to not to refer age (or any mode of discrimination e.g. race, religion, sex, national origin) during the interview.
• Make clear but stricter organizational policies to eliminate discriminatory practice and always update them regularly.
• Document every aspect of the policies i.e. those used for hiring, wage revision, layoff, and all others where there is a chance of discrimination.