What is a bona fide occupational qualification?
Under the Law Against Discrimination, there is an exception to the rule that an employer may discriminate on the basis of a protected status; that is a if a bona fide occupational qualification (BFOQ) applies. The BFOQ exception is applied narrowly to jobs for which a particular quality of protected status will be essential to or will contribute to the accomplishment of the purposes of the job. Requests for BFOQs must be made to the WSHRC, and cannot be instituted before approval is obtained. BFOQs are handled on a case by case basis, and are subject to strict scrutiny. We do not at this time know of any circumstances where a BFOQ would be granted under the sexual orientation protections of the Washington Law Against Discrimination.
