Supervision in the Hospitality Industry- AHLEI Practice Test

Who carries the burden of proof to demonstrate that a bona fide occupational qualification is necessary for a specific job?

1. The employee

2. The employer

3. The investigating agency

4. The EEOC

The correct answer is: The employee

In cases involving bona fide occupational qualifications (BFOQ), the correct party responsible for proving that a BFOQ is necessary for a job is the employer. This is rooted in employment law, where employers must demonstrate that the qualifications they require for specific roles are necessary for the performance of those jobs. BFOQs allow for certain employment decisions that might otherwise be considered discriminatory if they can prove that a specific characteristic is essential for the role in question. When an employer asserts a BFOQ, they must provide adequate evidence to support their claim. This may include demonstrating that the job in question requires certain attribute or skillsets that are intrinsically tied to performance. Failure to establish this burden can lead to potential legal ramifications for the employer. It's also important to note that employees, investigating agencies, and organizations like the EEOC play roles in reviewing and responding to such claims, but the proactive responsibility lies with the employer to substantiate the need for any BFOQ.