3 CCR 708-1-80.1 - Sex as a Bona Fide Occupational Qualification (BFOQ)
Bona Fide Occupational Qualifications as to sex shall be interpreted narrowly. An employer must be able to demonstrate that a hiring policy based on sex is essential to the operation of the business and to performance of the job. For example, a designer of women's clothes may be allowed to hire only female employees to model the clothing, or a business employing caregivers may employ a staff member of the same sex as the sex of the client.
Notes
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Bona Fide Occupational Qualifications as to sex shall be interpreted narrowly. An employer must be able to demonstrate that a hiring policy based on sex is essential to the operation of the business and to performance of the job. For example, a designer of women's clothes may be allowed to hire only female employees to model the clothing, or a business employing caregivers may employ a staff member of the same sex as the sex of the client.