Yes, there certainly are cases where some of those are "bona fide occupational qualifications" for a job. For example, only men may qualify for male roles in a movie, and only men/boys of a certain age for the role of a teenage boy. It is acceptable for a kosher deli to require its butchers to be Jewish. However, race and color are never considered bona fide occupational qualifications.

Note that requiring candidates for a job to meet certain qualifications is clearly an acceptable practice. However, the qualifications demanded must be demanded of all applicants; for example, a prospective employer cannot ask one candidate how fast s/he types, and hire a candidate to whom he has not asked the question. In addition, the qualifications must actually be necessary for the person to fulfill the requirements of the job, and they cannot discriminate against a particular group of people based on race, color, gender, etc. For example, a company hiring construction workers, who must be able to lift and carry heavy objects can require candidates to be able to lift and carry objects of that weight, but cannot require the candidates to be men who can lift and carry heavy weight. Clearly the requirements of construction work would preclude someone confined to a wheelchair, but a secretarial position would not. If a job requires work on weekends, a prospective employer cannot ask a candidate if his/her religion or child care arrangements prohibit weekend work, but can ask if there is anything that would prohibit weekend work.

There can be a fine line between legitimate qualifications required to perform the necessary tasks of a particular job, and qualifications that only serve to discriminate against a specific group of people based on traits for which discrimination is prohibited by law. If you think there may be a chance that discrimination was involved in some aspect of your employment, contact an attorney, who will help you sort through the facts of your situation, and determine whether or not you have a case.

(Reviewed 9-08)