[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1625.6]

[Page 307-308]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1625--AGE DISCRIMINATION IN EMPLOYMENT ACT--Table of Contents
 
                       Subpart A--Interpretations
 
Sec. 1625.6  Bona fide occupational qualifications.

    (a) Whether occupational qualifications will be deemed to be ``bona 
fide'' to a specific job and ``reasonably necessary to the normal 
operation of the particular business,'' will be determined on the basis 
of all the pertinent

[[Page 308]]

facts surrounding each particular situation. It is anticipated that this 
concept of a bona fide occupational qualification will have limited 
scope and application. Further, as this is an exception to the Act it 
must be narrowly construed.
    (b) An employer asserting a BFOQ defense has the burden of proving 
that (1) the age limit is reasonably necessary to the essence of the 
business, and either (2) that all or substantially all individuals 
excluded from the job involved are in fact disqualified, or (3) that 
some of the individuals so excluded possess a disqualifying trait that 
cannot be ascertained except by reference to age. If the employer's 
objective in asserting a BFOQ is the goal of public safety, the employer 
must prove that the challenged practice does indeed effectuate that goal 
and that there is no acceptable alternative which would better advance 
it or equally advance it with less discriminatory impact.
    (c) Many State and local governments have enacted laws or 
administrative regulations which limit employment opportunities based on 
age. Unless these laws meet the standards for the establishment of a 
valid bona fide occupational qualification under section 4(f)(1) of the 
Act, they will be considered in conflict with and effectively superseded 
by the ADEA.