Supervision in the Hospitality Industry - AHLEI Practice Test 2025 - Free Hospitality Supervision Practice Questions and Study Guide

In the context of employment law, when it comes to bona fide occupational qualifications (BFOQs), the burden of proof typically falls on the employer. This is because the employer must demonstrate that the occupational qualification is necessary for the operation of the business and relates directly to the job in question. For instance, if an employer claims that a specific gender is necessary for a role, they must provide evidence showing that the job cannot be adequately performed without that qualification.

The employee, on the other hand, is often in a position to challenge such claims but does not bear the responsibility to prove the necessity of a BFOQ. Rather, when a specific case arises, the employer is the one who needs to support their assertion with legitimate justification. Therefore, the correct understanding of who carries the burden of proof regarding BFOQs aligns with the employer's role in demonstrating necessity and relevance to the job itself.