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Baitball Blogger

(52,623 posts)
Tue Apr 28, 2026, 06:45 PM Tuesday

Why aren't companies defending DEI based on a BFOQ?

There are definitely some companies that are in businesses that require a diverse work force. You can argue that those who are facing boycotts are an example. Or maybe in the service industry that serves a diverse customer base, for example. But not once have I heard a company even try to defend DEI based on a REVERSE BFOQ.

So, if BFOQ is defined as follows: "The legal term for hiring outside of federal discrimination laws is "bona fide occupational qualification" (BFOQ), which allows employers to hire based on specific characteristics if they are essential to the job. This exception is often applied in cases involving gender, religion, or national origin when it is necessary for the operation of the business."

Then a Reverse BFOQ would be ignoring the Trump anti-DEI policies in order to hire based on diversity.

5 replies = new reply since forum marked as read
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Why aren't companies defending DEI based on a BFOQ? (Original Post) Baitball Blogger Tuesday OP
Probably because it's hard to defend and an extremely narrow allowance. Melon Tuesday #1
The BFOQ had to come out of some court case. Baitball Blogger Tuesday #2
Possibly getting better sales if you hire one gender does not qualify? Melon Tuesday #3
Thinking of Target, Baitball Blogger Tuesday #4
I understand your example. But that doesn't come anywhere close to qualifying Melon Wednesday #5

Melon

(1,590 posts)
1. Probably because it's hard to defend and an extremely narrow allowance.
Tue Apr 28, 2026, 06:49 PM
Tuesday

It can be applied to very few roles. It literally has to be essential to do the job and race is not a consideration. Your example does not qualify.

Baitball Blogger

(52,623 posts)
2. The BFOQ had to come out of some court case.
Tue Apr 28, 2026, 06:51 PM
Tuesday

So, yes, this might be a novel case, but it's worth a try.

Melon

(1,590 posts)
3. Possibly getting better sales if you hire one gender does not qualify?
Tue Apr 28, 2026, 06:55 PM
Tuesday

How does your example come even remotely close? How is “maybe one group will shop here more” equate to essential?

Melon

(1,590 posts)
5. I understand your example. But that doesn't come anywhere close to qualifying
Wed Apr 29, 2026, 02:26 AM
Wednesday

You can hire the best candidate right now and without discriminating. If you want to openly discriminate by selecting one class, no law will allow that.

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