General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhy 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.
Melon
(1,590 posts)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)So, yes, this might be a novel case, but it's worth a try.
Melon
(1,590 posts)How does your example come even remotely close? How is maybe one group will shop here more equate to essential?
Baitball Blogger
(52,623 posts)There is no question that it has hurt sales.
Melon
(1,590 posts)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.