Iowa Admin. Code r. 161-8.47 - [Effective until 9/25/2024] Sex as a bona fide occupational qualification
The bona fide occupational qualification exception as to sex is strictly and narrowly construed. Labels-"men's jobs" and "women's jobs"-tend to unnecessarily deny employment opportunities to one sex or the other.
(1) The following situations do not warrant a
bona fide occupational qualification exception:
a. The refusal to hire an individual because
of gender, based on assumptions of the comparative employment characteristics
of that gender in general;
b. The
refusal to hire an individual based on stereotypical characterizations of the
sexes, for example, that men are less capable of assembling intricate equipment
or that women are less capable of aggressive sales work. The principle of
nondiscrimination requires that individuals be considered on the basis of
individual capacities and not on the basis of any characteristics generally
attributed to the group;
c. The
refusal to hire an individual because of the preferences of coworkers, the
employer, clients or customers, except as covered specifically in
8.47(2).
(2) Where it is
necessary for the purpose of authenticity or genuineness, sex is a bona fide
occupational qualification, e.g., an actor or actress.
Notes
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