Why aren't companies defending DEI based on a BFOQ? [View all]

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.