Question for employment attorneys on BFOQ
by bigcrownd (2013-02-27 11:30:18)
Edited on 2013-02-27 11:31:14
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  In reply to: NFL combine scouts asking players about sexual orientation  posted by thethinman



How strictly is the bona fide occupational qualification defense applied? For example, if asking a potential draft pick whether he is gay is sex discrimination, could the team rebut this by claiming that being straight is a BFOQ? Let's say they argued:
1) Due to the locker room setups, it would make the other players uncomfortable and some might refuse to play with an openly-gay player and
2) We draft players based on both on-field talent and off-field marketability, and we don't believe (or we have market research to prove) that NFL fans would reject an openly-gay player.

Is there any chance this defense could win?


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