Question

If a business can prove that a ________________ exists, then they can legally discriminate on the basis of membership in a protected class.

Group of answer choices F

-FMLA.

-BFOQ.

-Burden of proof.

-Either A or B above.

Answer 1

Here, correct answer is BFOQ

Explanation:

BFOQ stands for Bona Fide occupational qualification, in certain cases, Employer needs to consider some qualification that are highly needed for that Job and Employee would become legally discriminated on the basis of membership in a protected class. As per need of Job, employer needs particular Job qualification. For example: Employer will be hiring an employee who will perform administrative functions, here, that employee will work at third floor and each time they need to go using staircase, as the building has no lift facilities. Here, the Job specifically needs employee to use staircase. Hence, due to the Job conditions, qualifications and situations, physically challenged people will be discouraged and discriminated even they are falling into protected class. Hence, correct answer is BFOQ. Other options are no way related to the question, so, other options are eliminated.